Ruth H. Suyat v. JOHN E. POTTER, Postmaster General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
GT/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RUTH H. SUYAT,
Plaintiff - Appellant,
v.
JOHN E. POTTER, Postmaster General,
Defendant - Appellee.
No. 08-15292
D.C. No. CV-06-00476-SOM/KSC
MEMORANDUM *
Appeal from the United States District Court
for the District of Hawaii
Susan Oki Mollway, Chief District Judge, Presiding
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Ruth H. Suyat appeals pro se from the district court’s summary judgment for
the United States Postal Service in her action alleging sex discrimination in
FILED
DEC 29 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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employment, wrongful termination, and underpaid wages. We have jurisdiction
pursuant to 28 U.S.C. § 1291. We review de novo, Vasquez v. County of Los
Angeles, 349 F.3d 634, 639 (9th Cir. 2003), and we affirm.
The district court properly granted summary judgment on Suyat’s sex
discrimination claim because she failed to present evidence that the Postal
Service’s legitimate nondiscriminatory reason for selecting a male candidate
instead of her for the open sales clerk position was pretext for sex discrimination.
See id. at 642 (affirming summary judgment for employer on claim of employment
discrimination because plaintiff failed to show pretext).
The district court properly granted summary judgment on the wrongful
termination and breach of contract claims because Suyat did not show that she was
actually appointed to the position and obtained contractual or statutory rights to
bring such claims. See Fed. R. Civ. P. 56(c).
AFFIRMED.

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