Robert Lee Jackson, Plaintiff-appellant, v. Bill Sowa; Patricia Duplechan, Defendants-appellees, 91 F.3d 152 (9th Cir. 1996)

MEMORANDUM^** 

Robert Lee Jackson appeals pro se the district court's summary judgment in favor of defendant housing officials Bill Sowa and Patricia Duplechan in Jackson's action alleging unfair housing practices, defamation and slander. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Warren v. City of Carlsbad, 58 F.3d 439, 441 (9th Cir. 1995).

Jackson was twice referred to the same apartment owned by the Sacramento Housing and Redevelopment Agency at Las Victorianos Apartment Complex. Each time the manager Bill Sowa told him that the referral was in error and the property was already rented. The second time, according to Jackson's deposition, Sowa told him that he "didn't deal with niggers."

For purposes of this appeal we accept Jackson's deposition as true. The deposition shows why Jackson has so patiently and tenaciously maintained that justice will be served only by a recognition of his case against Sowa and Sowa's superior. The problem is that Jackson has not produced evidence that the apartment was, in fact, vacant. The two referrals to it create suspicion. They do not prove the case. Consequently, the district court was not in error in granting summary judgment for the defendant.

AFFIRMED.