Norma Wingate v. Megan J. Brennan

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NOT FOR PUBLICATION APR 19 2016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