John W. Jones, Plaintiff-appellant, v. James F. Mcgovern, Secretary Department of the Air Force,defendant-appellee, 963 F.2d 379 (9th Cir. 1992)

MEMORANDUM^** 

John W. Jones appeals from an adverse judgment in his Title VII action. He contends that the trial court erred by finding that he failed to prove racial discrimination. We affirm.

DISCUSSION

Jones had the burden of establishing racial discrimination. Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 252-53 (1981). To meet that burden, Jones was required to show that he was singled out on account of his race and treated less favorably than other employees. See Jauregui v. City of Glendale, 852 F.2d 1128, 1134 (9th Cir. 1988). At most, Jones succeeded in demonstrating that his employer's method of evaluating workers' performance was flawed. He did not prove that his employer used this flawed system to discriminate against him or that he was transferred in retaliation for filing complaints.

Jones also contends that it was an abuse of discretion for the judge to question a witness. We disagree. It is accepted practice for a judge to "participate in the examination of witnesses for the purpose of clarifying the evidence." United States v. Mostella, 802 F.2d 358, 361 (9th Cir. 1986).

AFFIRMED.