FILED NOT FOR PUBLICATION DEC 10 2009 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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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