Leonard E. White, Sr. v. JOHN H. DALTON, Secretary, Department of the Navy

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
LEONARD E. WHITE, SR.,
Plaintiff-Appellant,
v.
No. 99-2414
JOHN H. DALTON, Secretary,
Department of the Navy,
Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of Virginia, at Alexandria.
T. S. Ellis, III, District Judge.
(CA-99-158-A)
Submitted: July 20, 2000
Decided: August 2, 2000
Before MURNAGHAN and KING, Circuit Judges,
and HAMILTON, Senior Circuit Judge.
_________________________________________________________________
Affirmed by unpublished per curiam opinion.
_________________________________________________________________
COUNSEL
Leonard E. White, Sr., Appellant Pro Se. Rachel Celia Ballow,
OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Vir-
ginia, for Appellee.
_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).

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OPINION
PER CURIAM:
Leonard E. White, Sr., appeals the district court's order granting
the Defendant's motion for summary judgment in this action alleging
age, race, and sex discrimination in connection with the elimination
of White's job with the Naval Exchange in Rota, Spain. Like the dis-
trict court, we assume that White established a prima facie case of
discrimination. See McDonnell Douglas Corp. v. Green, 411 U.S.
792, 802 (1973); Tuck v. Henkel Corp., 973 F.2d 371, 374-75 (4th
Cir. 1992). We also agree that the Defendant presented a legitimate,
nondiscriminatory reason for his decision: a reduction-in-force neces-
sitated by declining profits. See Texas Dep't of Community Affairs v.
Burdine, 450 U.S. 248, 254-56 (1981). Finally, we conclude that the
district court correctly found that White failed to meet his burden of
persuasion that the proffered reason was a pretext for discrimination.
Reeves v. Sanderson Plumbing Prods., ___ U.S. ___, 120 S. Ct. 2097,
2108 (2000). We have reviewed the record and the district court's
opinion announced in open court on September 17, 1999, and find no
reversible error. Accordingly, we affirm on the reasoning of the dis-
trict court. See White v. Dalton, No. CA-99-158-A (E.D. Va. Septem-
ber 24, 1999).*
We dispense with oral argument because the facts and legal conten-
tions are adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
_________________________________________________________________
*Although the district court announced its opinion in open court on
September 17, 1999, the district court's record shows that judgment was
entered on the docket sheet on September 24, 1999. Pursuant to Rules 58
and 79(a) of the Federal Rules of Civil Procedure, it is the date that the
judgment or order was entered on the docket sheet that we take as the
effective date of the district court's decision. See Wilson v. Murray, 806
F.2d 1232, 1234-35 (4th Cir. 1986).
2

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