Cuir

MEMORANDUM **

Emille De Cuir appeals pro se from the district court’s judgment dismissing his action alleging defendants discriminated and retaliated against him based on his status as a veteran of the uniformed services in violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301-4333 . We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, Leisek v. Brightwood Corp., 278 F.3d 895, 898 (9th Cir.2002), and determination that an action is barred by res judicata, Manufactured Home Cmtys. Inc. v. City of San Jose, 420 F.3d 1022 , 1025 (9th Cir.2005). We review for abuse of discretion the district court’s decision to not consider evidence presented for the first time in objections to the magistrate judge’s report. Brown v. Roe, 279 F.3d 742, 744 (9th Cir.2002). We affirm.

Even if the USERRA applied to De Cuir’s 1990 failure to hire claim, the district court properly granted summary judgment because De Cuir failed to create a triable issue as to whether his veteran status was a “motivating factor” in defendants’ action. See 38 U.S.C. § 4311 (c)(1); Leisek, 278 F.3d at 900…