Rickey B. Reed v. City of Culver City

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RICKEY B. REED,
Plaintiff-Appellant,
v.
CITY OF CULVER CITY,
Defendant-Appellee,
and
MEGHAN SAHLI WELLS; et al.,
Defendants.
No. 22-56099
D.C. No. 2:19-cv-10526-JAK-RAO
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
John A. Kronstadt, District Judge, Presiding
Submitted December 12, 2023**
Before: WALLACE, LEE, and BUMATAY, Circuit Judges
Rickey B. Reed appeals pro se from the district court’s summary judgment
* 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).
FILED
DEC 18 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 22-56099
for Culver City in his federal and state law employment discrimination action. We
have jurisdiction under 28 U.S.C. § 1291. We review de novo. Freyd v. Univ. of
Or., 990 F.3d 1211, 1219 (9th Cir. 2021). We affirm.
The district court properly granted summary judgment because Reed failed
to raise a genuine dispute of material fact as to whether he was qualified for the
position, or whether the proffered legitimate, nondiscriminatory reason for failing
to hire Reed was pretextual. See Freyd, 990 F.3d at 1228 (discussing burden-
shifting framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973));
Merrick v. Hilton Worldwide, Inc., 867 F.3d 1139, 1145 (9th Cir. 2017) (analyzing
state claims of discrimination under same framework as federal claims); Dickson v.
Burke Williams, Inc., 184 Cal. Rptr. 3d 774, 781, 783 (Ct. App. 2015) (explaining
that an actionable claim for failure to prevent discrimination requires an actionable
claim of discrimination).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or arguments raised for the first time on appeal. See Padgett
v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.

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