Buckley

*654 MEMORANDUM **

Kent Buckley appeals the district court’s judgment that he was not discriminated against because of his race, color or gender under Title VII of the Civil Rights Act of 1964 when he was not selected for a promotion within the United States Postal Service. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the judgment.

Buckley argues that the district erred by failing to perform a mixed-motive analysis under 42 U.S.C. § 2000e-5(g)(2)(B). That is, Buckley asserts that the court failed to analyze whether the Postal Service would have made the same decision not to hire him even if his race, color or gender had played no role in the employment decision. The court found that Buckley established a prima facie case of unlawful discrimination. However, the court specifically found that “neither race, color or gender was a motivating factor in Defendant’s decision to award the position to Ms. Whitehead.” Therefore, the court was not required to consider whether the Postal Service would have made the same decision absent discrimination. See Costa v. Desert Place, Inc., 299 F.3d 838, 854 (9th Cir.2002) aff'd, 539 U.S. 90 , 123 S.Ct. 2148 , 156 L.Ed.2d 84…