Filed: Jul. 27, 2001
Latest Update: Feb. 21, 2020
Summary: F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS JUL 27 2001 TENTH CIRCUIT PATRICK FISHER Clerk CHARLES CURTIS, Plaintiff-Appellant, No. 01-1152 v. (D. Colorado) TRANSLOGIC CORPORATION, (D.C. No. 99-S-1954) Defendant-Appellee, and INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, Defendant. ORDER AND JUDGMENT * Before HENRY , BRISCOE and MURPHY , Circuit Judges. After examining the briefs and appellate record, this panel has determined unanimousl
Summary: F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS JUL 27 2001 TENTH CIRCUIT PATRICK FISHER Clerk CHARLES CURTIS, Plaintiff-Appellant, No. 01-1152 v. (D. Colorado) TRANSLOGIC CORPORATION, (D.C. No. 99-S-1954) Defendant-Appellee, and INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, Defendant. ORDER AND JUDGMENT * Before HENRY , BRISCOE and MURPHY , Circuit Judges. After examining the briefs and appellate record, this panel has determined unanimously..
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F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
JUL 27 2001
TENTH CIRCUIT
PATRICK FISHER
Clerk
CHARLES CURTIS,
Plaintiff-Appellant, No. 01-1152
v. (D. Colorado)
TRANSLOGIC CORPORATION, (D.C. No. 99-S-1954)
Defendant-Appellee,
and
INTERNATIONAL ASSOCIATION
OF MACHINISTS AND
AEROSPACE WORKERS,
Defendant.
ORDER AND JUDGMENT *
Before HENRY , BRISCOE and MURPHY , Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously to honor the parties’ request for a decision on the briefs without oral
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
argument. See Fed. R. App. P. 34(f). The case is therefore submitted without oral
argument.
Proceeding pro se, the plaintiff Charles Curtis filed this action against
Translogic Corporation (“Translogic”), his former employer, alleging that it
subjected him to disciplinary action and eventually terminated his employment on
the basis of his race (African-American) in violation of Title VII of the Civil
Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1). Translogic filed a motion for
summary judgment, arguing that there were legitimate reasons for the disciplinary
action and the termination of employment. Translogic presented evidence of
deficiencies in Mr. Curtis’s performance as a journeyman in its Assembly
Department and evidence that, in light of these deficiencies, disciplinary action
and termination of Mr. Curtis’s employment was warranted under the company’s
quality inspection policies and procedures. Mr. Curtis did not file a response to
the summary judgment motion.
On appeal, Mr. Curtis argues that his work performance was similar to that
of a white employee who was not terminated. He states that he “ha[s] witnesses
and signatures to back my claim of racial discrimination.” Aplt’s Br. at 3. He
thus maintains that the district court erred in granting summary judgment to
Translogic.
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Mr. Curtis’s argument does not establish that the district court erred in
granting Translogic’s summary judgment motion. Although we must construe
their pleadings liberally, see Haines v. Kerner ,
404 U.S. 519, 520 (1972) (per
Curiam), pro se litigants must still follow the same rules of procedure that govern
other litigants. See Green v. Dorrell ,
969 F.2d 915, 917 (10th Cir. 1992) (noting
that pro se litigants must comply with the court’s local rules). Under Rule 56 of
the Federal Rules of Civil Procedure, a party opposing a motion for summary
judgment may not simply allege that there are disputed issues of fact; instead, he
“must set forth specific facts showing that there is a genuine issue for trial.” Fed.
R. Civ. P. 56(e). In the district court proceedings, Mr. Curtis did not set forth
such facts, and, on appeal, he merely stated that he “forgot to respond in time.”
Aplt’s Br. at 4. In light of Translogic’s evidence supporting its contention that
there were legitimate reasons for its actions against Mr. Curtis and in light of Mr.
Curtis’s failure to respond to this evidence, the district court properly granted
summary judgment to Translogic.
We therefore AFFIRM the district court’s decision for substantially the
same reasons as set forth in its March 23, 2001, order.
Entered for the Court,
Robert H. Henry
Circuit Judge
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