Deonarine

Deonarine v. Leonhart

Good Law
328 F. App'x 572
United States Court of Appeals for the Ninth CircuitJuly 8, 2009No. 07-55487California325 words

Opinion

Lead Opinion

MEMORANDUM **

John Deonarine appeals pro se from the district court’s summary judgment for the Drug Enforcement Administration (“DEA”) in his Title VII employment discrimination action. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Cornwell v. Electra Cent. Credit Union, 439 F.3d 1018 , 1028 n. 4 (9th Cir.2006), and we affirm.

The district court properly granted summary judgment on Deonarine’s claim that he was fired because of his race because, even if Deonarine established a prima facie case, he failed to raise a triable issue as to whether the DEA’s proffered legitimate and nondiscriminatory reason for firing him was pretext for discrimination. See id. at 1034 (affirming summary judgment for employer on disparate treatment claim where plaintiff failed to create a triable issue as to whether employer fired him because of race).

The district court properly granted summary judgment on Deonarine’s retaliation claim because he failed to raise a triable issue as to whether his firing was motivated by his protected activity. The record reflects that the DEA was concerned by Deonarine’s performance before he engaged in protected activity, and the record *573…

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