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FILED NOT FOR PUBLICATION APR 19 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT NORMA J. WINGATE, No. 13-17266 Plaintiff - Appellant, D.C. Nos. 3:13-cv-01722-LB 3:12-cv-05560-LB v. MEGAN J. BRENNAN,* Postmaster MEMORANDUM** General of the United States, Defendant - Appellee. Appeal from the United States District Court for the Northern District of California Laurel D. Beeler, Magistrate Judge, Presiding*** Submitted April 13, 2016**** Before: FARRIS, TALLMAN, and BYBEE, Circuit Judges. * Pursuant to Federal Rule of Appellate Procedure 43(c)(2), Megan J. Brennan is substituted for her predecessor, Patrick R. Donahoe, as Postmaster General. ** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. *** The parties consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c). **** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Norma J. Wingate appeals pro se from the district court’s order in her employment action alleging discrimination in violation of Title VII. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Federal Rule of Civil Procedure 12(b)(6). Hebbe v. Pliler,
627 F.3d 338, 341 (9th Cir. 2010). We affirm. The district court properly dismissed Wingate’s Title VII discrimination claims because Wingate failed to allege facts sufficient to show that the alleged conduct was due to any of her protected classes. See
id. at 341-42(though pro se pleadings are liberally construed, plaintiff must allege sufficient facts to state a plausible claim); Leong v. Potter,
347 F.3d 1117, 1124 (9th Cir. 2003) (elements of Title VII employment discrimination claim). AFFIRMED. 2 13-17266
Document Info
Docket Number: 13-17266
Citation Numbers: 648 F. App'x 737
Judges: Farris, Tallman, Bybee
Filed Date: 4/19/2016
Precedential Status: Non-Precedential
Modified Date: 11/6/2024