Krolik

MEMORANDUM *

Ralph E. Krolik appeals the district court’s grant of summary judgment in favor of the National Board of Medical Examiners on his claim under the Americans With Disabilities Act. We affirm.

On appeal, Krolik abandoned any argument that he is actually disabled under the ADA and contends only that he is disabled under 42 U.S.C. § 12102 (2)(C), which defines “disability” to include “being regarded as” having a physical or mental impairment that substantially limits one or more of the major life activities. See also Thornton v. McClatchy Newspapers, Inc., 261 F.3d 789, 798 (9th Cir.2001). Krolik maintains that there exists a genuine issue of fact as to whether the NBME “regarded” him as having Attention Deficit Hyperactivity Disorder and/or learning disabilities.

At oral argument, Krolik’s counsel conceded that the NBME did not “regard” Krolik as disabled. Indeed, the record establishes that the reason that the NBME denied Krolik’s request for accommodations was precisely because it concluded that he did not have any such impairment. In its denial, the NBME explained to Krolik that “the documentation submitted with your request for accommodation does not adequately…