FILED NOT FOR PUBLICATION DEC 10 2009

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

KEVIN VANGINDEREN,

Plaintiff - Appellant, No. 08-56020 v. D.C. No. 3:07-cv-02045-BTM- CORNELL UNIVERSITY, JMA

Defendant - Appellee.

KEVIN VANGINDEREN,

Plaintiff - Appellant, No. 09-55053

v. D.C. No. 3:08-cv-00736-BTM- JMA CORNELL UNIVERSITY; BERT DEIXLER, MEMORANDUM *

Defendants - Appellees.

Appeal from the United States District Court for the Southern District of California Barry T. Moskowitz, District Judge, Presiding

* This disposition is not appropriate for publication and is not precedent except as provided by 9 TH C IR. R. 36-3. Argued and Submitted November 6, 2009 Pasadena, California

Before: BRIGHT, ** BYBEE, and M. SMITH, Circuit Judges.

In this appeal, Kevin Vanginderen claims errors of law, fact, and in the

admission of evidence. We have carefully examined these claims of error and

determine that the rulings of the district court did not prejudice Vanginderen.

Accordingly, we AFFIRM. No costs are allowed on appeal.

** The Honorable Myron H. Bright, Senior United States Circuit Judge for the Eighth Circuit, sitting by designation.

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