Gilberto G. Muñoz v. SOCIAL SECURITY ADMINISTRATION; CAROLYN W. COLVIN, Acting Commissioner of SSA

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GILBERTO G. MUÑOZ,
Plaintiff - Appellant,
v.
SOCIAL SECURITY
ADMINISTRATION; CAROLYN W.
COLVIN, Acting Commissioner of SSA,
Defendants - Appellees.
No. 13-55903
D.C. No. 3:10-cv-01003-MMA-
NLS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Michael M. Anello, District Judge, Presiding
Submitted May 24, 2016**
Before: REINHARDT, W. FLETCHER, and MURGUIA, Circuit Judges.
Gilberto G. Muñoz appeals pro se from the district court’s judgment in his
action under the Rehabilitation Act of 1973, 29 U.S.C. §§ 701 et seq., alleging
retaliatory firing. We have jurisdiction under 28 U.S.C. § 1291. We review de
FILED
JUN 06 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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novo a district court’s ruling on cross-motions for summary judgment. Ford v.
City of Yakima, 706 F.3d 1188, 1192 (9th Cir. 2013). We affirm.
The district court properly granted summary judgment for defendants
because Muñoz failed to raise a genuine dispute of material fact as to whether
defendants’ legitimate reason for firing him was pretextual. See Coons v. Sec’y of
U.S. Dep’t of Treasury, 383 F.3d 879, 887-88 (9th Cir. 2004) (setting forth burden
shifting test for evaluating a retaliation claim under the Rehabilitation Act).
Muñoz’s requests for judicial notice, set forth in his reply brief, are denied as
unnecessary.
We do not consider matters not specifically and distinctly raised and argued
in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.
13-55903 2

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