Carlotta Smith v. New West Stations, Inc.

FILED NOT FOR PUBLICATION JAN 25 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT CARLOTTA L. SMITH, No. 08-15500 Plaintiff - Appellant, D.C. No. 2:03-CV-00672-FCD- DAD v. NEW WEST STATIONS, INC., MEMORANDUM * Defendant - Appellee. Appeal from the United States District Court for the Eastern District of California Frank C. Damrell, Jr., District Judge Submitted January 11, 2010 ** Before: BEEZER, TROTT, and BYBEE, Circuit Judges. Carlotta L. Smith appeals pro se from the district court’s Rule 52(c) judgment on partial findings in her Title VII action alleging unlawful retaliation. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review the district court’s * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes that this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). GT/Research factual findings for clear error. Golden v. Local 55, of the Int’l Ass’n of Firefighters, 633 F.2d 817, 820 (9th Cir. 1980). We affirm. Substantial evidence supports the district court’s determination that Smith failed to prove that she was fired in retaliation for opposing race discrimination. See id. at 822. Smith’s remaining contentions are not persuasive. AFFIRMED. GT/Research 2 08-15500