Filed: Jul. 30, 2001
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-2448 JAMES M. GIBBS, JR., Plaintiff - Appellant, versus MORGANITE, INCORPORATED, Defendant - Appellee, and WIN STEPHENS, individually and in his official capacity; MON VONKCHALEE, individually and in his official capacity; DAVID COOPER, indi- vidually and in his official capacity; BRUCE MILLER, individually and in his official capacity; ROGER BONE, individually and in his official capacity; EDWIN ENNIS, individually and in
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-2448 JAMES M. GIBBS, JR., Plaintiff - Appellant, versus MORGANITE, INCORPORATED, Defendant - Appellee, and WIN STEPHENS, individually and in his official capacity; MON VONKCHALEE, individually and in his official capacity; DAVID COOPER, indi- vidually and in his official capacity; BRUCE MILLER, individually and in his official capacity; ROGER BONE, individually and in his official capacity; EDWIN ENNIS, individually and in h..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-2448
JAMES M. GIBBS, JR.,
Plaintiff - Appellant,
versus
MORGANITE, INCORPORATED,
Defendant - Appellee,
and
WIN STEPHENS, individually and in his official
capacity; MON VONKCHALEE, individually and in
his official capacity; DAVID COOPER, indi-
vidually and in his official capacity; BRUCE
MILLER, individually and in his official
capacity; ROGER BONE, individually and in his
official capacity; EDWIN ENNIS, individually
and in his official capacity; DOUG BLIZZARD,
individually and in his official capacity;
LARRY WEST; RUSSELL LEE, individually and in
his official capacity; BERT JENKINS, individ-
ually and in his official capacity; PHILLIP
BOWDEN, individually and in his official
capacity,
Defendants.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. W. Earl Britt, Senior
District Judge. (CA-99-309-5-BR2)
Submitted: May 31, 2001 Decided: July 30, 2001
Before WILKINS, MOTZ, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
James H. Locus, Jr., LOCUS LAW FIRM, Fayetteville, North Carolina,
for Appellant. Gregory P. McGuire, Sarah H. Roane, HAYNSWORTH,
BALDWIN, JOHNSON & GREAVES, L.L.C., Raleigh, North Carolina, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
James Morgan Gibbs, Jr., filed suit against his Employer,
Morganite, Inc. (“Morganite”), alleging discrimination on the basis
of race and/or national origin and disability, in violation of
Title VII of the Civil Rights Act of 1964, the Civil Rights Act of
1866, 42 U.S.C.A. § 1981 (West Supp. 2000), and the American with
Disabilities Act (“ADA”). He now appeals the district court’s
order granting summary judgment to Morganite, granting Morganite’s
motion to strike, denying Gibbs’ motion to amend, and dismissing
the action.
This Court reviews a grant of summary judgment de novo.
Higgins v. E.I. DuPont de Nemours & Co.,
863 F.2d 1162, 1167 (4th
Cir. 1988). Summary judgment is appropriate only if there are no
material facts in dispute and the moving party is entitled to judg-
ment as a matter of law. Fed. R. Civ. P. 56(c); Celotex Corp. v.
Catrett,
477 U.S. 317, 322 (1986). This Court must view the evi-
dence in the light most favorable to the non-moving party.
Anderson v. Liberty Lobby, Inc.,
477 U.S. 242, 255 (1986).
We have reviewed the parties’ briefs and the materials sub-
mitted in the joint appendices, and fully considered the arguments
raised on appeal. We find that the district court’s opinion is
thorough and well-reasoned. We therefore affirm on the reasoning
of the district court. See Gibbs v. Morganite, Inc., No. CA-99-
309-5-BR2 (E.D.N.C. Oct. 6, 2000) (J.A. at 68-103). We dispense
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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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