Opinion
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Employee brought employment discrimination action against employer. The United States District Court for the District of Nevada, Johnnie B. Rawlinson, J., granted summary judgment to employer. Employee appealed. The Court of Appeals held that employee's failure to respond to employer's requests for admissions necessitated that the matters be deemed admitted, and, in the absence of any disputed issues of material fact, summary judgment was properly granted to employer.
Affirmed. Appeal from the United States District Court for the District of Nevada Johnnie B. Rawlinson, District Judge, Presiding.
Before WALLACE, SILVERMAN, and W. FLETCHER, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
Alexander Ocasio appeals pro se the summary judgment of the district court in his employment discrimination action. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
We review summary judgment de novo. Baker v. Liberty Mutual Ins. Co., 143 F.3d 1260, 1263 (9th Cir.1998). Because Ocasio failed to respond to defendant's requests for admissions, the district court properly deemed the matters admitted pursuant to Fed.R.Civ.P. 36(a) and, in the absence of any disputed issues of material fact, properly granted summary judgment. See O'Campo v. Hardisty, 262 F.2d 621, 623-24 (9th Cir.1958) (affirming summary judgment based on unanswered requests for admissions).
AFFIRMED.