Fran SIMONTACCHI, Plaintiff-Appellant, v. DEPARTMENT OF PUBLIC SAFETY; et al., Defendants-Appellees, 399 F. App'x 216

MEMORANDUM Ms. Fran Simontacchi appeals from a grant of

summary judgment against her on her claims that Nevada denied her equal protection of the law and retaliated against her for protected speech when it denied her certain compensation, “4800 time,” for days on which she could only work part time. We affirm the district court’s grant of

summary judgment. To the extent that Simontacchi claims a denial of equal protection on the basis that Nevada denied her 4800 time as an employee of its Parole and Probation Division while allowing for 4800 time for officers of the Highway Patrol, Nevada offered a rational basis for its differentiation between the employees of the divisions. See Heller v. Doe, 509 U.S. 312, 319, 113 S.Ct. 2637, 125 L.Ed.2d 257 (1993). To the extent that Simontacchi claims a denial of equal protection on the basis of gender discrimination, she failed to present any evidence of differential treatment based on gender. The district court did not err in granting

summary judgment against Simontacchi on her First Amendment claim. Simontac-chi’s speech concerned only her claim to 4800 time. Accordingly, it is doubtful that it touched on a matter of public concern, and it probably was not protected speech. See Coszalter v. City of Salem, 320 F.3d 968, 973 (9th Cir.2003). In any case, there is nothing in the record to support Simon-tacchi’s assertion that Nevada denied her 4800 time in retaliation for her speech. The district court’s grant of

summary judgment in favor of Nevada and against Simontacchi is AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3. . Because the parties are familiar with the facts and procedural history, we do not restate them here except as necessary to explain our decision.