Alverne Bush v. L-3 Communications/Titan Group , 404 F. App'x 86 ( 2010 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 10-1940
    ___________
    Alverne C. Bush,                     *
    *
    Appellant,                  * Appeal from the United States
    * District Court for the
    v.                              * Western District of Missouri.
    *
    L-3 Communications/Titan Group,      * [UNPUBLISHED]
    *
    Appellee.                   *
    ___________
    Submitted: November 25, 2010
    Filed: December 13, 2010
    ___________
    Before LOKEN, MURPHY, and BENTON, Circuit Judges.
    ___________
    PER CURIAM.
    Alverne Bush appeals following the district court’s1 adverse grant of summary
    judgment in her employment discrimination action. After careful de novo review, see
    Murphy v. Mo. Dep’t of Corr., 
    372 F.3d 979
    , 982 (8th Cir. 2004), we conclude that
    summary judgment was properly granted. Even assuming Bush made a prima facie
    case of discrimination on any of the bases asserted in her complaint, she failed to
    create a jury issue on whether her unsatisfactory job performance – the reason given
    for her termination – was a pretext for unlawful discrimination. See Richmond v. Bd.
    1
    The Honorable Howard F. Sachs, United States District Judge for the Western
    District of Missouri.
    of Regents of the Univ. of Minn., 
    957 F.2d 595
    , 598 (8th Cir. 1992). Summary
    judgment also was proper on Bush’s claim under the Family and Medical Leave Act,
    because she did not provide the required notice to her employer. See Woods v.
    DaimlerChrysler Corp., 
    409 F.3d 984
    , 991 (8th Cir. 2005).
    Accordingly, we affirm the judgment of the district court, see 8th Cir. R. 47B,
    and deny Bush’s pending motion for appointment of counsel.
    ______________________________
    -2-
    

Document Info

Docket Number: 10-1940

Citation Numbers: 404 F. App'x 86

Judges: Loken, Murphy, Benton

Filed Date: 12/13/2010

Precedential Status: Non-Precedential

Modified Date: 11/5/2024