United States Court of Appeals
                          FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 10-2737
                                   ___________

Tony Dam,                             *
                                      *
             Appellant,               *
                                      * Appeal from the United States
      v.                              * District Court for the
                                      * District of Minnesota.
Graco, Inc.; Jim Badzinski, Manager, *
                                      * [UNPUBLISHED]
             Appellees.               *
                                 ___________

                             Submitted: January 18, 2011
                                Filed: January 19, 2011
                                 ___________

Before MELLOY, GRUENDER, and BENTON, Circuit Judges.
                          ___________

PER CURIAM.

      Tony Dam appeals the district court’s1 adverse grant of summary judgment in
his employment-discrimination action against his former employer Graco, Inc.
(Graco). After careful de novo review, see Murphy v. Mo. Dep’t of Corr., 

, 982 (8th Cir. 2004), this court concludes that summary judgment was properly
granted. Even assuming Dam made a prima facie case of discrimination, Graco
presented a valid, non-discriminatory reason for his termination – poor job
performance that did not improve – and Dam failed to present a triable issue of fact

      1
      The Honorable Donovan W. Frank, United States District Judge for the District
of Minnesota.
on whether that reason was a pretext for discrimination. See Richmond v. Bd. of
Regents of the Univ. of Minn., 

, 598 (8th Cir. 1992) (poor job
performance is valid, non-discriminatory reason for termination; defendants produced
documentation that plaintiff’s performance was unsatisfactory, plaintiff ignored
progressive warnings, and performance did not improve).

      This court affirms. See 8th Cir. R. 47B.
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