Filed: Dec. 13, 1999
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-1841 JOHN A. SHIRKEY, Plaintiff - Appellant, versus EASTWIND COMMUNITY DEVELOPMENT CORPORATION; THE BALTIMORE-WASHINGTON CONFERENCE OF THE UNITED METHODIST CHURCH, Defendants - Appellees, and NATIONAL DIVISION OF THE GENERAL BOARD OF GLOBAL MINISTRIES OF THE UNITED METHODIST CHURCH; EQUAL EMPLOYMENT OPPORTUNITY COMMISSION; OFFICE OF COMMUNITY DEVELOPERS, NATIONAL DIVISION, GENERAL BOARD OF GLOBAL MINISTRIES OF THE UNITED ME
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-1841 JOHN A. SHIRKEY, Plaintiff - Appellant, versus EASTWIND COMMUNITY DEVELOPMENT CORPORATION; THE BALTIMORE-WASHINGTON CONFERENCE OF THE UNITED METHODIST CHURCH, Defendants - Appellees, and NATIONAL DIVISION OF THE GENERAL BOARD OF GLOBAL MINISTRIES OF THE UNITED METHODIST CHURCH; EQUAL EMPLOYMENT OPPORTUNITY COMMISSION; OFFICE OF COMMUNITY DEVELOPERS, NATIONAL DIVISION, GENERAL BOARD OF GLOBAL MINISTRIES OF THE UNITED MET..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-1841
JOHN A. SHIRKEY,
Plaintiff - Appellant,
versus
EASTWIND COMMUNITY DEVELOPMENT CORPORATION;
THE BALTIMORE-WASHINGTON CONFERENCE OF THE
UNITED METHODIST CHURCH,
Defendants - Appellees,
and
NATIONAL DIVISION OF THE GENERAL BOARD OF
GLOBAL MINISTRIES OF THE UNITED METHODIST
CHURCH; EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION; OFFICE OF COMMUNITY DEVELOPERS,
NATIONAL DIVISION, GENERAL BOARD OF GLOBAL
MINISTRIES OF THE UNITED METHODIST CHURCH,
Defendants.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Walter E. Black, Jr., Senior District
Judge. (CA-93-2791-B)
Submitted: November 30, 1999 Decided: December 13, 1999
Before MURNAGHAN and NIEMEYER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
John A. Shirkey, Appellant Pro Se. H. Patrick Donohue, ARMSTRONG,
DONOHUE & CEPPOS, CHARTERED, Rockville, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
John Shirkey appeals the district court’s order granting
summary judgment in favor of The Baltimore-Washington Conference of
the United Methodist Church (“the Conference”). In 1991, Shirkey,
a white male, was told that because he was not black he would not
be eligible for a position in a Community Developer’s Program in
East Baltimore funded through the United Methodist Church. Shirkey
filed a claim under Title 42 U.S.C. § 1981 (1994) alleging racial
discrimination against the National Division of the General Board
of Global Ministries of the United Methodist Church, the Baltimore-
Washington Conference of the United Methodist Church ("the
Conference"), and the Eastwind Community Development Corporation.
The district court granted summary judgment in favor of the
Conference, and Shirkey filed a timely notice of appeal limited to
that award of summary judgment. We have reviewed the record and
the district court’s opinion and find no reversible error.
On appeal, Shirkey requests that we consider “additional
evidence” that was not presented to the district court at the time
summary judgment was granted. On appellate review of a grant of
summary judgment, this Court reviews only the pleadings,
depositions, answers to interrogatories, and admissions on file,
together with the affidavits, if any, that were presented to the
district court. Fed. R. Civ. P. 56(c); see also Anderson v.
Liberty Lobby, Inc.,
477 U.S. 242, 248 (1986). Therefore, this
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Court will not consider evidence that was not presented to the
district court.
We affirm the award of summary judgment in favor of the
Conference on the reasoning of the district court in its memorandum
opinion entered on October 18, 1996. In its opinion, the district
court found that Shirkey failed to establish the Conference knew of
any racial criteria within the Community Developer’s Program. The
court further found no evidence that the Conference's actions,
which were limited to approving a written application and procuring
funds, were racially motivated or that the Conference acted with
discriminatory intent. Thus, the court concluded Shirkey failed to
establish a prima facie case of racial discrimination on the part
of the Conference. A review of the pleadings, depositions, answers
to interrogatories, and admissions on file, together with the
affidavits that were before the district court, reveals the court's
grant of summary judgment in favor of the Conference was proper.
Fed. R. Civ. P. 56(c); see also Anderson v. Liberty Lobby, Inc.,
477 U.S. 242, 248 (1986). We therefore affirm.
We deny Shirkey's motion for appointment of counsel and
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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