Patrick

Patrick v. Department of Veterans Affairs

Good Law
276 F. App'x 667
United States Court of Appeals for the Ninth CircuitMay 2, 2008No. 05-16984California400 words

Opinion

Lead Opinion

MEMORANDUM **

Lester E. Patrick appeals pro se from the district court’s order denying his motion for a new trial following a jury verdict in favor of the Department of Veterans Affairs, in his action alleging race discrimination in a promotion decision. We have jurisdiction under 28 U.S.C. § 1291 . We review for abuse of discretion the denial of a motion for a new trial, Sanghvi v. City of Claremont, 328 F.3d 532, 536 (9th Cir. 2003), and we affirm.

Patrick contends that he is entitled to a new trial because the verdict was based on perjured testimony and there were numerous inconsistencies in the testimony offered by defendant. Patrick failed to raise many of these issues before the district court, and therefore waived them on appeal. See A-1 Ambulance Service, Inc. v. County of Monterey, 90 F.3d 333, 338 (9th Cir.1996). To the extent Patrick did not waive, his contentions fail because credibility is an issue for the jury and is not generally subject to appellate review. See Murray v. Laborers Union Local No. 321, 55 F.3d 1445 , 1452 (9th Cir.1995) (“The credibility of witnesses and the weight of the evidence are issues for the jury and are not subject to appellate…

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