Filed: Mar. 26, 1997
Latest Update: Feb. 22, 2020
Summary: F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS MAR 26 1997 FOR THE TENTH CIRCUIT PATRICK FISHER Clerk JESS D. HUNT, Plaintiff-Appellant, v. No. 96-6216 (D.C. No. CIV-95-1656-A) GEORGE MILLER, in his capacity as (W.D. Okla.) director of the Oklahoma Department of Human Services, Defendant-Appellee. ORDER AND JUDGMENT * Before PORFILIO, ANDERSON, and BRISCOE, 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 MAR 26 1997 FOR THE TENTH CIRCUIT PATRICK FISHER Clerk JESS D. HUNT, Plaintiff-Appellant, v. No. 96-6216 (D.C. No. CIV-95-1656-A) GEORGE MILLER, in his capacity as (W.D. Okla.) director of the Oklahoma Department of Human Services, Defendant-Appellee. ORDER AND JUDGMENT * Before PORFILIO, ANDERSON, and BRISCOE, 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
MAR 26 1997
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
JESS D. HUNT,
Plaintiff-Appellant,
v. No. 96-6216
(D.C. No. CIV-95-1656-A)
GEORGE MILLER, in his capacity as (W.D. Okla.)
director of the Oklahoma Department
of Human Services,
Defendant-Appellee.
ORDER AND JUDGMENT *
Before PORFILIO, ANDERSON, and BRISCOE, Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously to grant the parties’ request for a decision on the briefs without oral
argument. See Fed. R. App. P. 34(f) and 10th Cir. R. 34.1.9. The case is
therefore ordered submitted without oral argument.
*
This order and judgment is not binding precedent, except under the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.
Plaintiff appeals the district court’s grant of summary judgment in
defendant’s favor on his claims of age discrimination and retaliation in violation
of 29 U.S.C. §§ 621-634 (ADEA). The district court concluded that of the eight
promotions plaintiff claims he was denied on the basis of his age, six were time
barred due to plaintiff’s failure to file an EEOC claim as required by 29 U.S.C.
§ 626(d). One of the two remaining promotions was denied because plaintiff was
not qualified. The final promotion, which formed the basis of the retaliation
claim, was denied because plaintiff had failed to demonstrate the requisite causal
connection between his EEOC claim and the adverse employment action. See
Corneveaux v. CUNA Mut. Ins. Group.,
76 F.3d 1498, 1507 (10th Cir. 1996)
(stating elements of prima facie case of retaliation under ADEA).
We review the grant of summary judgment de novo, applying the same
standard as the district court. See Applied Genetics Int’l, Inc., v. First Affiliated
Secs., Inc.,
912 F.2d 1238, 1241 (10th Cir. 1990). “Summary judgment is
appropriate when there is no genuine dispute over a material fact and the moving
party is entitled to judgment as a matter of law.” Russillo v. Scarborough,
935
F.2d 1167, 1170 (10th Cir. 1991). We have carefully reviewed the materials
submitted by the parties. We affirm the district court’s grant of summary
judgment in favor of defendant for substantially the same reasons stated in the
district court’s thorough order filed May 30, 1996.
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The judgment of the district court is AFFIRMED.
Entered for the Court
Mary Beck Briscoe
Circuit Judge
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