Obiajulu

Obiajulu v. Rite Aid Corp.

Good Law
320 F. App'x 794
United States Court of Appeals for the Ninth CircuitApril 2, 2009No. 07-17117California336 words

Opinion

Lead Opinion

MEMORANDUM **

Raymond Obiajulu appeals pro se from the district court’s summary judgment for defendants in Obiajulu’s action alleging race discrimination in employment by Rite Aid Corporation and breach of the duty of fair representation by Teamsters Local Union No. 995. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de *795 novo. Aragon v. Republic Silver State Disposal, Inc., 292 F.3d 654, 659 (9th Cir.2002), and we affirm.

The district court properly granted summary judgment for the Rite Aid defendants because Obiajulu failed to raise a triable issue as to whether Rite Aid suspended him on account of his race or national origin. See Aragon v. Republic Silver State Disposal, Inc., 292 F.3d 654, 658-59 (9th Cir.2002) (explaining that to survive a motion for summary judgment a plaintiff must be able to demonstrate that an employer’s proffered legitimate and nondiscriminatory explanation for adverse employment action is pretext for discrimination).

The district court properly granted summary judgment for Local 995 on the duty of fair representation claim because Obiajulu did not raise a triable issue as to whether Local 995’s representation of him during his…

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