Ruth H. SUYAT, Plaintiff-Appellant, v. John E. POTTER, Postmaster General, Defendant-Appellee, 360 F. App'x 852

MEMORANDUM Ruth H. Suyat appeals pro se from the district court’s

summary judgment for the United States Postal Service in her action alleging sex discrimination in employment, wrongful termination, and underpaid wages. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Vasquez v. County of Los Angeles, 349 F.3d 634, 639 (9th Cir.2003), and we affirm. The district court properly granted

summary judgment on Suyat’s sex discrimination claim because she failed to present evidence that the Postal Service’s legitimate nondiscriminatory reason for selecting a male candidate instead of her for the open sales clerk position was pretext for sex discrimination. See id. at 642 (affirming

summary judgment for employer on claim of employment discrimination because plaintiff failed to show pretext). The district court properly granted

summary judgment on the wrongful termination and breach of contract claims because Suyat did not show that she was actually appointed to the position and obtained contractual or statutory rights to bring such claims. See Fed.R.Civ.P. 56(c). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.