Citation Codes Equivalent Citations citation codes Docket Number No. 09-17846. Attorney(S) Rosario Marinello, Marina, CA, pro se. David Pai, Karen Kiyo Huster, Deputy Attorney General, AGCA-Office of the California Attorney General, Oakland, CA, for Defendant-Appellee. Judges Richard R. Clifton Carlos T. Bea Acts Judiciary And Judicial Procedure — Courts Of Appeals — Jurisdiction And Venue — Final Decisions Of District Courts See more information ... Smart Summary Please sign up to generate summary. Rosario MARINELLO, Plaintiff-Appellant, v. CALIFORNIA DEPARTMENT OF CORRECTIONS REHABILITATION, Defendant-Appellee. MEMORANDUM This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Rosario Marinello appeals pro se from the district court's summary judgment in his employment action alleging retaliation in violation of Title VII. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Learned v. City of Bellevue, 860 F.2d 928, 931 (9th Cir. 1988), and we affirm. The district court properly granted summary judgment because Marinello failed to raise a genuine issue of material fact as to whether he engaged in protected activity, and whether defendant's legitimate, non-discriminatory reasons for its decision not to hire Marinello as a correctional counselor were a pretext for retaliation. See Ray v. Henderson, 217 F.3d 1234, 1240 (9th Cir. 2000); see also Learned, 860 F.2d at 932 (underlying discrimination must be reasonably perceived as prohibited by Title VII to constitute protected activity). Marinello's remaining contentions are unpersuasive. AFFIRMED.