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John Reed v. Home Depot USA, 04-1813 (2004)

Court: Court of Appeals for the Eighth Circuit Number: 04-1813 Visitors: 78
Filed: Dec. 10, 2004
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 04-1813 _ John Reed, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota. Home Depot USA, Inc., a Delaware * corporation, * [UNPUBLISHED] * Appellee. * _ Submitted: December 7, 2004 Filed: December 10, 2004 _ Before MORRIS SHEPPARD ARNOLD, BYE and RILEY, Circuit Judges. _ PER CURIAM. John Reed appeals the district court’s1 adverse grant of summary judgment in his Title VII employment-disc
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                    United States Court of Appeals
                          FOR THE EIGHTH CIRCUIT
                                  ___________

                                  No. 04-1813
                                  ___________

John Reed,                          *
                                    *
             Appellant,             *
                                    * Appeal from the United States
      v.                            * District Court for the
                                    * District of Minnesota.
Home Depot USA, Inc., a Delaware    *
corporation,                        * [UNPUBLISHED]
                                    *
             Appellee.              *
                               ___________

                            Submitted: December 7, 2004
                               Filed: December 10, 2004
                                ___________

Before MORRIS SHEPPARD ARNOLD, BYE and RILEY, Circuit Judges.
                         ___________

PER CURIAM.

       John Reed appeals the district court’s1 adverse grant of summary judgment in
his Title VII employment-discrimination action against Home Depot, U.S.A., Inc.
(Home Depot). Reed, an African American, alleged Home Depot failed to promote
him based on his race.




      1
       The Honorable Ann D. Montgomery, United States District Judge for the
District of Minnesota.
       Upon de novo review, we agree with the district court that Reed failed to
establish a prima facie failure-to-promote case. Among other things, he adduced no
evidence that he had registered his interest for the promotions at issue in the
computer-based Job Performance Program, as was required to be considered for those
promotions. See Younts v. Fremont County, Iowa., 
370 F.3d 748
, 754 (8th Cir. 2004)
(elements of prima facie case of failure to promote); Wheeler v. Aventis Pharm., 
360 F.3d 853
, 857 (8th Cir. 2004) (standard of review). Also, we reject Reed’s
suggestions on appeal concerning judicial bias. Finally, we decline to consider
Reed’s challenge to a magistrate judge’s2 denial of leave to amend to add new claims.
See Fed. R. Civ. P. 72(a).

      Accordingly, we affirm. See 8th Cir. R. 47B.
                     ______________________________




      2
       The Honorable Arthur J. Boylan, United States Magistrate Judge for the
District of Minnesota.

                                         -2-

Source:  CourtListener

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