Sheria Banks v. William Watson , 457 F. App'x 248 ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1327
SHERIA BANKS,
Plaintiff - Appellant,
v.
WILLIAM WATSON, Sheriff,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Robert G. Doumar, Senior
District Judge. (2:10-cv-00227-RGD-FBS)
Submitted: November 29, 2011 Decided: December 14, 2011
Before KING and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Henry E. Howell, III, THE EMINENT DOMAIN LITIGATION GROUP,
P.L.C., Norfolk, Virginia, for Appellant. Jeff W. Rosen, Lisa
Ehrich, PENDER & COWARD, PC, Virginia Beach, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Sheria Banks appeals the district court’s order
granting summary judgment for the Defendant in her action
alleging employment discrimination in violation of 42 U.S.C.
§ 1981 (2006). Johnson v. Railway Express Agency, Inc., 421
U.S. 454, 459-60 (1975). Banks alleged that she was a victim of
disparate treatment in discipline on the basis of her race when
she was terminated from her position. Cook v. CSX Transp.
Corp., 988 F.2d 507, 511 (4th Cir. 1993). The district court
found that Banks failed to identify proper comparators to show
that she was treated differently than employees outside her
protected class, as required to establish a prima facie case of
discrimination. Id.We review de novo a district court’s grant of summary
judgment applying the same standard as did the district court.
Laber v. Harvey, 438 F.3d 404, 415 (4th Cir. 2006). We have
reviewed the record and find no reversible error. Accordingly,
we affirm for the reasons stated by the district court.
Banks v. Watson, No. 2:10-cv-00227-RGD-FBS (E.D. Va. filed Apr.
4; entered Apr. 5, 2011). We dispense with oral argument
because the facts and legal contentions are adequately presented
in the materials before the court and argument would not aid the
decisional process.
AFFIRMED
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