Stanley Collins, Plaintiff-appellant, v. Whatcom County, Wa, Defendant-appellee,andadrian Arendse and Jane Doe Arendse, Husband and Wife Andthe Marital Community Thereof, Defendants, 142 F.3d 442 (9th Cir. 1998)

MEMORANDUM^* 

Stanley Collins appeals the district court's summary judgment in favor of Whatcom County in Collins's action alleging he was terminated on account of his race in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review a grant of summary judgment de novo, see Warren v. City of Carlsbad, 58 F.3d 439, 441 (9th Cir. 1995), and we affirm.

Because Collins did not show he was adequately performing his job, he failed to make a prima facie case of race discrimination. See Pejic v. Hughes Helicopters, Inc., 840 F.2d 667, 672 (9th Cir. 1988). In addition, the record shows that Collins's supervisor, who previously made a racially derogatory statement, did not participate in the termination decision. Accordingly, Collins failed to show any proof of discriminatory motive. See id. at 672.

The district court properly excluded the unsigned affidavits which Collins submitted. See Fed. R. Civ. P. 56(e); Canada v. Blain's Helicopters, Inc., 831 F.2d 920, 925 (9th Cir. 1987) (holding that unauthenticated documents may not be relied upon to defeat a motion for summary judgment).

AFFIRMED.