Martinez

Martinez v. England

Good Law
221 F. App'x 575
United States Court of Appeals for the Ninth CircuitFebruary 23, 2007No. 05-55022California526 words

Opinion

Lead Opinion

MEMORANDUM **

Hector Martinez appeals the district court’s grant of summary judgment on his retaliation claim to the Secretary of the Navy, Gordon England. Martinez also appeals the district court’s rejection of his blanket objections to the defendant’s evidence as unauthenticated. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

This court reviews the district court’s grant of summary judgment de novo. 1 Viewing the evidence in the light most favorable to the nonmoving party, it must determine whether there are any genuine issues of material fact and whether the district court correctly applied the law. 2 The district court’s evidentiary rulings on summary judgment are reviewed for an abuse of discretion.

Martinez cannot establish a prima facie case of retaliation because he cannot establish causation. 4 He pointed to insufficient evidence of a causal link between his former co-workers’ poor reviews of him when he sought a new job and his 1995 *577 Equal Employment Opportunity complaint.

Even if Martinez had established a prima facie case of retaliation, Martinez would be unable to meet his burden of showing that the Secretary’s legitimate,…

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