Mariano

Mariano v. King County Election Office

Good Law
217 F. App'x 595
United States Court of Appeals for the Ninth CircuitDecember 12, 2006No. 06-35060California341 words

Opinion

Lead Opinion

MEMORANDUM **

Leonardo C. Mariano appeals pro se from the district court’s summary judgment in favor of the King County Election Office (“KCEO”) in his 42 U.S.C. § 1983 action alleging that KCEO discriminated against him on the basis of age and race when it did not hire him as a temporary elections worker. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s grant of sum *596 mary judgment, Lowe v. City of Monrovia, 775 F.2d 998, 1003 (9th Cir.1985), and review for abuse of discretion its denial of additional discovery, Qualls ex rel. Qualls v. Blue Cross of Calif, Inc., 22 F.3d 839, 844 (9th Cir.1994). We affirm.

The district court properly granted summary judgment because the evidence Mariano provided, which included inter alia, KCEO’s response to Mariano’s interrogatories, a letter explaining why Mariano was not hired, KCEO’s answer to Mariano’s complaint, and further interrogatories and requests for production, failed to establish a prima facie case of discrimination on the basis of age or race. See Lowe, 775 F.2d at 1005 (setting forth elements of a prima facie disparate treatment case in the context of racial discrimination); Sakeller…

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