FILED
NOT FOR PUBLICATION MAR 04 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MAI-TRANG THI NGUYEN, No. 09-17793
Plaintiff - Appellant, D.C. No. 3:08-cv-03354-CRB
v.
MEMORANDUM *
STARBUCKS COFFEE
CORPORATION,
Defendant - Appellee.
Appeal from the United States District Court
for the Northern District of California
Charles R. Breyer, District Judge, Presiding
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Mai-Trang Thi Nguyen appeals pro se from the district court’s summary
judgment in her employment action. We have jurisdiction under 28 U.S.C. § 1291.
We review de novo, Bias v. Moynihan, 508 F.3d 1212, 1218 (9th Cir. 2007), and
*
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).
we affirm.
The district court properly granted summary judgment because Nguyen did
not present any relevant evidence in opposition to summary judgment, and thus,
failed to demonstrate that there were any genuine issues of material fact as to her
claims. See id. at 1218-19 (noting that even for pro se litigants, “[a] district court
does not have a duty to search for evidence that would create a factual dispute”).
Nguyen’s remaining contentions are unpersuasive.
We do not consider Nguyen’s contentions raised for the first time on appeal.
See Travelers Prop. Cas. Co. of Am. v. ConocoPhillips Co., 546 F.3d 1142, 1146
(9th Cir. 2008).
AFFIRMED.
2 09-17793