Gunzenhauser

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MICHAEL GUNZENHAUSER, Case No. 3:22-cv-03406-WHO

8 Plaintiff,

ORDER GRANTING MOTION FOR

9 v. SUMMARY JUDGMENT

10 MERRICK B. GARLAND, Re: Dkt. No. 52 Defendant. 11

12 13 Plaintiff Michael Gunzenhauser filed this lawsuit against his former employer, the Bureau 14 of Prisons (“BOP”), alleging that the BOP and its employees discriminated against him based on 15 his disability when he was not selected for a new open position. The defendants move for 16 summary judgment. Gunzenhauser does not point to any evidence showing that the defendants’ 17 proffered reasons for not selecting him—that the other candidate was better qualified and came 18 more highly recommended—were mere pretext for discrimination. He therefore cannot meet his 19 burden under the McDonnell Douglas test, and there are no genuine disputes of material fact to 20 preclude summary judgment. For those and the following reasons, the defendants’ motion is 21 granted. 22 …