NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 24 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT WANDA E. SMITH-JETER, No. 18-35987 Plaintiff-Appellant, D.C. No. 2:17-cv-01857-JPD v. MEMORANDUM* ARTSPACE EVERETT LOFTS CONDOMINIUM ASSOCIATION; QUANTUM MANAGEMENT SERVICES, INC., Defendants-Appellees.

Appeal from the United States District Court for the Western District of Washington James P. Donohue, Magistrate Judge, Presiding** Submitted July 15, 2019*** Before: SCHROEDER, SILVERMAN, and CLIFTON, Circuit Judges.

Wanda E. Smith-Jeter appeals pro se from the district court’s summary

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The parties consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c). *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). judgment in her action alleging a retaliation claim under the Fair Housing Act (“FHA”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo.

Walker v. City of Lakewood, 272 F.3d 1114, 1122 (9th Cir. 2001). We affirm.

The district court properly granted summary judgment because Smith-Jeter failed to raise a genuine dispute of material fact as to whether defendants subjected her to an adverse action. See id. at 1128 (elements of a prima facie retaliation claim under the FHA).

The district court did not abuse its discretion by denying Smith-Jeter’s request for default because defendants had appeared and indicated an intent to defend themselves in the action. See Fed. R. Civ. P. 55(a) (permitting the entry of default only when a defendant “has failed to plead or otherwise defend”); Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986) (standard of review and factors for determining whether to enter default judgment; default judgments are generally disfavored and cases should be decided on the merits whenever reasonably possible).

AFFIRMED.

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