Gunzenhauser

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

Plaintiff,

ORDER GRANTING MOTION FOR

v. SUMMARY JUDGMENT

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

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