Mohiuddin

MEMORANDUM **

Ahsan Mohiuddin appeals pro se from the district court’s summary judgment for his former employer, Raytheon Company, in his action alleging age discrimination and retaliation. Mohiuddin also appeals from the district court’s order denying his motion for preliminary injunctive relief. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review summary judgment de novo. Diaz v. Eagle Produce Ltd. Partnership, 521 F.3d 1201, 1207 (9th Cir.2008). We affirm summary judgment, and dismiss the appeal from the order denying injunctive relief as moot.

In number 07-56123, the district court properly granted summary judgment on Mohiuddin’s age discrimination and retaliation claims because Mohiuddin did not create a triable issue as to whether Raytheon’s legitimate, nondiscriminatory reason for his lay-off was a pretext for discrimination. See id. at 1212-15 (affirming summary judgment on claim of age discrimination where plaintiff could not deni *790 onstrate that a discriminatory reason likely motivated the employer).

The district court did not abuse its discretion by ruling on Raytheon’s motion for summary judgment even though Mohiuddin alleged that he received the motion…