FILED
NOT FOR PUBLICATION AUG 26 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SHAW RAHMAN, No. 14-35346
Plaintiff-Appellant, D.C. No. 2:13-cv-00218-MJP
v.
MEMORANDUM*
CRYSTAL EQUATION; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Western District of Washington
Marsha J. Pechman, District Judge, Presiding
Submitted August 16, 2016**
Before: O’SCANNLAIN, LEAVY, and CLIFTON, Circuit Judges.
Shaw Rahman appeals pro se from the district court’s summary judgment in
his employment action alleging national origin and religious discrimination and
retaliation claims under Title VII. We have jurisdiction under 28 U.S.C. § 1291.
We review de novo. Pavoni v. Chrysler Grp., LLC, 789 F.3d 1095, 1098 (9th Cir.
*
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).
2015). We affirm.
The district court properly granted summary judgment on Rahman’s hostile
work environment claim because Rahman failed to raise a genuine dispute of
material fact as to whether he was subject to harassment on the basis of his national
origin or religion. See Vasquez v. County of Los Angeles, 349 F.3d 634, 642-43
(9th Cir. 2004) (setting forth elements of a hostile work environment claim under
Title VII).
The district court properly granted summary judgment on Rahman’s national
origin and religious discrimination claims because Rahman failed to raise a
genuine dispute of material fact as to whether he was subject to an adverse
employment action on the basis of his religion or national origin. See Aragon v.
Republic Silver State Disposal, 292 F.3d 654, 658 (9th Cir. 2002) (elements of a
prima facie discrimination claim under Title VII).
The district court properly granted summary judgment on Rahman’s
retaliation claim because Rahman failed to raise a genuine dispute of material fact
as to whether he was engaged in a protected activity prior to being terminated. See
Stegall v. Citadel Broad. Co., 350 F.3d 1061, 1065-66 (9th Cir. 2004) (setting forth
elements of retaliation claim under Title VII); see also 42 U.S.C. § 2000e-3(a)
(describing what constitutes protected activity under Title VII).
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The district court properly dismissed defendant Muslin for lack of personal
jurisdiction because Rahman failed to establish that Muslin, an Illinois resident,
had the required minimum contacts with Washington such that the maintenance of
his suit there would not offend due process. See Wash. Shoe Co. v. A-Z Sporting
Goods Inc., 704 F.3d 668, 672 (9th Cir. 2012) (setting forth factors to evaluate
personal jurisdiction).
The district court did not abuse its discretion by denying Rahman’s recusal
motion because Rahman failed to identify any basis for recusal. See Liteky v.
United States, 510 U.S. 540, 555 (1994) (explaining that “judicial rulings alone
almost never constitute a valid basis for a bias or partiality motion”); United States
v. Johnson, 610 F.3d 1138, 1147 (9th Cir. 2010) (setting forth standard of review
and bases for recusal).
The district court did not abuse its discretion by denying as untimely
Rahman’s motion to extend discovery. See Jorgensen v. Cassiday, 320 F.3d 906,
913 (9th Cir. 2003) (“The district court is given broad discretion in supervising the
pretrial phase of litigation, and its decisions regarding the preclusive effect of a
pretrial order . . . will not be disturbed unless they evidence a clear abuse of
discretion.” (citation and internal quotation marks omitted)).
We reject as unsupported by the record Rahman’s contentions that
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defendants breached the employment contract and that defendants violated the
Thirteenth Amendment.
We do not consider issues or arguments not specifically and distinctly raised
and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th
Cir. 2009).
Rahman’s requests for a panel of a specific composition, a protective order,
and a petition for writ of certiorari, set forth in his opening brief, are denied.
Rahman’s motions, filed on August 28, 2015 and November 27, 2015, are
denied as unnecessary.
AFFIRMED.
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