RODRICK GORDON DeROCK v. Boise City; Ada County Housing Authority

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RODRICK GORDON DeROCK,
Plaintiff-Appellant,
v.
BOISE CITY; ADA COUNTY HOUSING
AUTHORITY,
Defendants-Appellees.
No. 17-35783
D.C. No. 1:12-cv-00024-BLW-
LMB
MEMORANDUM*
Appeal from the United States District Court
for the District of Idaho
B. Lynn Winmill, Chief Judge, Presiding
Submitted April 11, 2018**
Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.
Rodrick Gordon DeRock appeals pro se from the district court’s summary
judgment in his action alleging federal claims arising out of a rental dispute. We
have jurisdiction under 28 U.S.C. § 1291. We review de novo. Pac. Shores
Props., LLC v. City of Newport Beach, 730 F.3d 1142, 1156 (9th Cir. 2013). We
* 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
APR 23 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-35783
affirm.
The district court properly granted summary judgment because DeRock
failed to raise a genuine dispute of material fact as to whether he was denied a
reasonable accommodation. See O’Guinn v. Lovelock Corr. Ctr., 502 F.3d 1056,
1060 (9th Cir. 2007) (setting forth elements of a claim for failure to accommodate
under Title II of the Americans with Disabilities Act and Section 504 of the
Rehabilitation Act); McGary v. City of Portland, 386 F.3d 1259, 1262 (9th Cir.
2004) (setting forth elements of a claim for failure to accommodate under the Fair
Housing Amendments Act of 1988).
The district court did not abuse its discretion by denying DeRock’s request
to amend the Case Management Order because DeRock failed to show good cause.
See Fed. R. Civ. P. 16(b); Zivkovic v. S. Cal. Edison Co., 302 F.3d 1080, 1087-88
(9th Cir. 2002) (setting forth standard of review and explaining that moving party
must show good cause to modify scheduling order).
AFFIRMED.

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