Alice McCabe v. Michael Parker

1The Honorable Richard G. Kopf, United States District Judge for the District
of Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 10-1103
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Harry R. Fowler, *
*
Appellant, * Appeal from the United States
* District Court for the
v. * District of Nebraska.
*
Werner Enterprises, * [UNPUBLISHED]
*
Appellee. *
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Submitted: June 10, 2010
Filed: June 21, 2010
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Before LOKEN, BYE, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Harry Fowler appeals the district court’s 1 adverse grant of summary judgment
in his action alleging discrimination and retaliation under the Americans with
Disabilities Act. After careful de novo review of the record, see Johnson v. Blaukat,
453 F.3d 1108, 1112 (8th Cir. 2006), we conclude that there is no genuine issue of
material fact to support Fowler’s claim that his employer, Werner Enterprises,
regarded him as having a disability or that it retaliated against him for filing
discrimination charges. We also reject as meritless Fowler’s arguments concerning

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venue, his pro se status in this matter, and the grant of summary judgment without a
hearing. Accordingly, we affirm. See 8th Cir. R. 47B.
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