Dean Eric Palmer v. E.f. Thompson, Inc.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1838
DEAN ERIC PALMER,
Plaintiff – Appellant,
v.
E.F. THOMPSON, INC.,
Defendant – Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Tommy E. Miller, Magistrate
Judge. (2:10-cv-00051-TEM)
Submitted: March 31, 2010 Decided: April 7, 2011
Before WILKINSON, DUNCAN, and DAVIS, Circuit Judges.
Affirmed in part; vacated and remanded in part by unpublished
per curiam opinion.
Dean Eric Palmer, Appellant Pro Se. Eric Blaine Martin,
MCGUIRE, WOODS, LLP, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Dean Eric Palmer appeals the district court’s order
dismissing this employment discrimination action for failure to
state a claim. With respect to Palmer’s claim of race
discrimination under Title VII of the Civil Rights Act of 1964,
as amended, we conclude that Palmer set forth facts sufficient
to state a prima facie claim of discriminatory discharge. See
Miles v. Dell, Inc., 429 F.3d 480, 486-87 & n.3 (4th Cir. 2004).
We, of course, offer no opinion on whether plaintiff presents
any issue of triable fact. We accordingly vacate that portion
of the district court’s order related to the Title VII claim and
remand for further proceedings.
With respect to the claim of a violation of the
American’s with Disabilities Act, we have reviewed the record
and find no reversible error. Accordingly, we affirm for the
reasons stated by the district court. Palmer v. E.F. Thompson,
Inc., No. 2:10-cv-00051-TEM (E.D. Va. June 23, 2010).
We 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 IN PART;
VACATED AND REMANDED IN PART

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