
    Luis MURILLO, Plaintiff-Appellant, v. UNIVERSITY OF SAN FRANCISCO, Defendant-Appellee.
    No. 04-17504.
    United States Court of Appeals, Ninth Circuit.
    Submitted Nov. 14, 2006.
    Filed Feb. 27, 2007.
    Fania E. Davis, Esq., Moore & Moore, Howard Moore, Jr., Esq., Oakland, CA, Darryl Parker, Esq., Seattle, WA, for Plaintiff-Appellant.
    Jonathan D. Martin, Esq., Seyfarth Shaw, LLP, San Francisco, CA, for Defendant-Appellee.
    Before: KLEINFELD and THOMAS, Circuit Judges, and LEIGHTON , District Judge.
    
      
       The Honorable Ronald B. Leighton, United States District Judge for the Western District of Washington, sitting by designation.
    
   MEMORANDUM

Even if Murillo’s evidence was sufficient to meet his prima facie burden under McDonnell Douglas, the University established that the reasons it denied Murillo’s tenure application — its well-documented concerns over his poor teaching evaluations and its reservations about the weight and quality of his academic work, and the resulting insufficient ratings under the CBA — were legitimate and non-discriminatory.

Nor did Murillo submit evidence establishing a genuine issue of fact as to pretext.

AFFIRMED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     