Phil Pleasant, Jr. v. Dick Zais ( 2010 )

FILED
NOT FOR PUBLICATION OCT 06 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
PHIL PLEASANT, JR., No. 08-35958
Plaintiff - Appellant, D.C. No. 2:07-cv-03080-LRS
v.
MEMORANDUM *
DICK ZAIS and CITY OF YAKIMA,
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of Washington
Lonny R. Suko, Chief Judge, Presiding
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Phil Pleasant, Jr., appeals pro se from the district court’s summary judgment
in his 42 U.S.C. §§ 1981 and 1983 action alleging racial discrimination. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo. Lindsey v. SLT Los
Angeles, LLC, 447 F.3d 1138, 1144 (9th Cir. 2006). We affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
The district court properly granted summary judgment for defendants
because it is undisputed that Pleasant, an independent contractor, did not complete
the project that he was hired to perform, and he failed to present evidence showing
that the City’s hiring of another contractor to complete the work was based on
racial discrimination. See id. (plaintiff must satisfy the initial burden of
establishing a prima facie case of racial discrimination). Accordingly, Pleasant
failed to raise a genuine issue of material fact as to whether defendants
discriminated against him based on race.
Pleasant’s remaining contentions are unpersuasive.
AFFIRMED.
2 08-35958