Unpublished Disposition, 843 F.2d 501 (9th Cir. 1988)

No. 86-5990.

United States Court of Appeals, Ninth Circuit.

Before FARRIS and REINHARDT, Circuit Judges, and HOWARD D. McKIBBEN, District Judge^*** 

MEMORANDUM^** 

Frederic Collins appeals from a summary judgment entered by the district court in favor of John Lehman, Secretary of the Navy. We affirm.

Collins argues that he was unlawfully discriminated against when he was not selected for the position of Electroplater with the Long Beach Naval Shipyards. This claim fails because on the record before us, and accepting the evidence offered by Collins as true, this evidence does not establish a prima facie case of discrimination under Title VII. See Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 253-54 (1981); McDonnell Douglas Corporation v. Green, 411 U.S. 792, 802 (1973).

All three individuals hired for the Electroplater openings were rated higher than Collins on the list of eligible applicants. One of the three persons hired is Hispanic. A job freeze prevented the shipyards from hiring additional applicants. Finally, there is no evidence to support the assertion by Collins that the Certificate of Eligibles was a forgery.

We sympathize with Collins' attempts to secure a better position and understand his concerns regarding discrimination. Nevertheless, he fails to set forth specific facts, beyond his unsupported allegations, that give rise to an inference that he was denied the Electroplater job because of racial discrimination. See Hagans v. Andrus, 651 F.2d 622, 625-26 (9th Cir. 1981). Under these circumstances, we have no choice but to affirm the district court.

Because there was no genuine issue for trial, we hold that the district court properly dismissed Collins' action against Lehman. Appellee's request for attorneys' fees and double costs is denied.

AFFIRMED.