Keith A. Smith v. Michael Bowersox

1 John E. Potter has been appointed to serve as Postmaster General, and is
substituted as appellee pursuant to Federal Rule of Appellate Procedure 43(c).
2 The Honorable Jean C. Hamilton, United States District Judge for the Eastern
District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 02-2618
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Louise Weaver, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Missouri.
United States Postal Service; John E. *
Potter,1 CEO, Postmaster General, * [UNPUBLISHED]
*
Appellees. *
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Submitted: November 15, 2002
Filed: November 18, 2002
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Before McMILLIAN, FAGG, and BOWMAN, Circuit Judges.
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PER CURIAM.
Louise Weaver appeals the District Court’s 2 adverse grant of summary
judgment in her employment-discrimination action. Having carefully reviewed the
record, see Jacob-Mua v. Veneman, 289 F.3d 517, 520 (8th Cir. 2002) (standard of
review), we affirm.

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Weaver, who is African American, filed suit against the Postmaster General,
claiming race and sex discrimination, disparate treatment, and a hostile work
environment based on allegedly unwarranted disciplinary actions taken against her.
We agree with the District Court that Weaver failed to establish the existence
of a genuine issue for trial as to any of her claims. See Fed. R. Civ. P. 56(e) (adverse
party’s response must show existence of triable issue); Habib v. NationsBank, 279
F.3d 563, 566 (8th Cir. 2001) (holding plaintiff failed to make out prima facie case
of discrimination based on circumstantial evidence); Palesch v. Missouri Comm’n on
Human Rights, 233 F.3d 560, 566-68 (8th Cir. 2000) (affirming summary judgment
against plaintiff's hostile work environment and disparate treatment claims).
Accordingly, we affirm. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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