Unpublished Disposition, 841 F.2d 1129 (9th Cir. 1988)

MEMORANDUM^* 

On the basis of the well-reasoned opinion of the district court, we affirm the summary judgment entered against appellant, the Fleet Administrator of King County, Washington, in this civil rights action brought for racial discrimination in violation of his rights under 42 U.S.C. §§ 1981, 1983, 1985 and RCW 49.60.

We write separately only to add that the evidence belatedly proffered in the appellant's motion for reconsideration was insufficient to raise genuine issues of material fact. See Coverdell v. Dep't. of Social & Health Servs., 834 F.2d 758, 762 (9th Cir. 1987). Appellant did not show that he was unfairly criticized in the audit report, only that he was criticized. Moreover, contrary to his contention, the other managers were also criticized though not as severely as appellant. Appellant also complains because he was not allowed to attach his lengthy personal response to the audit, but he again failed to show that he was treated differently in this respect or that the department acted improperly in denying the request. Simply because the department denied his request is insufficient to show they discriminated against him based on his race. The same is true of the confidential information included in the preliminary audit, particularly since that information was subsequently deleted from the report.

Even including a generous measure of inference, appellant has failed to offer any evidence that appellee's actions were racially motivated or that his rights had been violated.

We deny appellee's request for fees on appeal.

AFFIRMED.