Ross v. Stratus Computer ( 1998 )

USCA1 Opinion

      [NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]

                 United States Court of Appeals

                     For the First Circuit











No. 98-1580



                          DANNY M. ROSS,



                      Plaintiff, Appellant,



                                v.



                     STRATUS COMPUTER, INC.,



                       Defendant, Appellee.







           APPEAL FROM THE UNITED STATES DISTRICT COURT



                FOR THE DISTRICT OF MASSACHUSETTS



         [Hon. Nathaniel M. Gorton, U.S. District Judge]







                              Before



                     Selya, Stahl and Lynch,

                        Circuit Judges.









     Danny M. Ross on brief pro se.

     William J. Brisk on brief for appellee.











December 18, 1998



















                                               Per Curiam.   Plaintiff appeals an adverse summary

    judgment dismissing his claims of discriminatory harassment and

    constructive discharge from his employment.  The district court

    granted summary judgment on the ground that even if plaintiff

    could establish a prima facie case of discrimination, he had

    failed to offer minimally sufficient proof that the employer's

    articulated, non-discriminatory reasons for its  disciplinary

    actions constituted a pretext, and that the real reason was

    prohibited discrimination.

              Reviewing the judgment de novo, in light of the

    parties' briefs and the entire record, we agree with the

    district court's determination.  We also find no error in the

    denial of plaintiff's motions for a default judgment, and for

    an appointment of counsel.  Plaintiff's other assignments of

    error require no comment.

              Affirmed.  See Loc. R. 27.1



















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