Ward

MEMORANDUM **

Mercedes Ward, an African-American and Hispanic woman, filed suit against Clark County alleging discrimination on the basis of her race and gender, and retaliation. The district court granted summary judgment, and Ward appealed the district court’s order only as to her retaliatory transfer claim. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a grant of summary judgment, see Grimes v. San Francisco, 951 F.2d 236 , 238 (9th Cir.1991), and we affirm.

Ward contends that, after she filed discrimination and retaliation charges, her employer again retaliated by involuntarily transferring her to another department in a different location. However, her complaint neither mentioned nor alluded to this transfer. See Fed.R.Civ.P. 8(a) (“A pleading that states a claim for relief must contain ... a short and plain statement of the claim showing that the pleader is entitled to relief.... ”). Ward did not move to amend her complaint. See Fed.R.Civ.P. 15(a). The case was not tried, so Rule 15(b) is unavailing. See Crawford v. Gould, 56 F.3d 1162, 1168-69 (9th Cir.1995) (holding that pleadings are not amended to conform to the evidence when the matter is decided at…