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NOT FOR PUBLICATION MAR 04 2011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
ROY SUDDUTH, No. 09-56542
Plaintiff - Appellant, D.C. No. 2:08-cv-03457-PSG-JWJ
v.
MEMORANDUM *
RONALD BAREFIELD; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
Philip S. Gutierrez, District Judge, Presiding
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Roy Sudduth appeals pro se from the district court’s summary judgment in
his action alleging that defendants discriminated against him on the basis of his
race, religion, and disability by denying his request for a two bedroom Section 8
public housing voucher. We have jurisdiction under 28 U.S.C. § 1291. We review
*
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).
de novo, Gamble v. City of Escondido, 104 F.3d 300, 304 (9th Cir. 1997), and we
affirm.
The district court properly granted summary judgment on Sudduth’s Fair
Housing Act claim because he failed to raise a genuine issue of material fact as to
whether he qualified for a two bedroom unit, or whether defendants’ proffered
legitimate, nondiscriminatory reason for denying him the extra bedroom was
pretextual. See id. at 305.
The district court properly granted summary judgment on Sudduth’s
Americans with Disabilities Act claim because he failed to raise a genuine issue of
material fact as to whether defendants denied his request for a two bedroom unit
“by reason of his disability.” Weinreich v. L.A. Cnty. Metro. Transp. Auth., 114
F.3d 976, 978 (9th Cir. 1997).
Sudduth’s remaining contentions are unpersuasive.
We do not consider Sudduth’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 09-56542