JIMIE STARKS V. PARBALL CORPORATION, No. 16-15641 (9th Cir. 2017)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED APR 21 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT JIMIE L. STARKS, U.S. COURT OF APPEALS No. 16-15641 Plaintiff-Appellant, D.C. No. 2:13-cv-02286-MMDGWF v. PARBALL CORPORATION, DBA Bally’s Las Vegas, MEMORANDUM* Defendant-Appellee, and DOES I-X, inclusive, Defendant, ROE CORPORATIONS I-X, INCLUSIVE, Defendant. Appeal from the United States District Court for the District of Nevada Miranda M. Du, District Judge, Presiding Submitted April 11, 2017** * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges. Jimie L. Starks appeals pro se from the district court’s summary judgment in his employment action alleging violations of Title VII and Nevada’s antidiscrimination statute, Nev. Rev. Stat. § 613.330. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Vasquez v. County of Los Angeles, 349 F.3d 634, 639 (9th Cir. 2004). We affirm. The district court properly granted summary judgment on Starks’ racial discrimination and retaliation claims because Starks failed to raise a genuine dispute of material fact as to whether his employer’s legitimate, nondiscriminatory, and non-retaliatory reasons for its actions were pretextual. See Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1062, 1064 (9th Cir. 2002) (setting forth elements of and burden shifting requirements for discrimination and retaliation claims under Title VII); Bergene v. Salt River Project Agric. Improvement & Power Dist., 272 F.3d 1136, 1142 (9th Cir. 2001) (to avoid summary judgment on retaliation claim, “[c]ircumstantial evidence of pretext must be specific and substantial” (citation omitted)); Bradley v. Harcourt, Brace & Co., 104 F.3d 267, 270 (9th Cir. 1996) (same for discrimination claim); see also Apeceche v. White Pine County, 615 P.2d 975, 977-78 (Nev. 1980) (a 2 16-15641 discrimination claim under Nev. Rev. Stat. § 613.330 is analyzed under federal anti-discrimination law). We do not consider Starks’ challenge to the district court’s granting of Starks’ counsel’s motion to withdraw because Starks did not oppose this motion in the district court. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (arguments raised for the first time on appeal are not considered). We do not consider matters not specifically and distinctly raised and argued in the opening brief. See id. Starks’ motion to file an oversized opening brief (Docket Entry No. 10) is granted. AFFIRMED. 3 16-15641

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