Nery G. Ventura v. Dept. of Homeland

1The Honorable Mary Ann Medler, United States Magistrate Judge for the
Eastern District of Missouri.
2The parties consented to the jurisdiction of the Magistrate Judge pursuant to
28 U.S.C. § 636(c).
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-1700
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Jimmie L. Edwards, *
*
Plaintiff-Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Missouri.
Bakers Local No. 4, *
* [UNPUBLISHED]
Defendant-Appellee. *
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Submitted: December 16, 2005
Filed: December 22, 2005
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Before WOLLMAN, LAY, and RILEY, Circuit Judges.
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PER CURIAM.
Jimmie Lee Edwards appeals the decision of the United States Magistrate
Judge1 granting summary judgment to Edwards’ union, Bakers Local No. 4 (the
“Union”). In a well-reasoned fifteen-page memorandum, the Magistrate Judge2 ruled
that Edwards failed to exhaust his administrative remedies regarding his claim that the
Union failed to represent him on the basis of his disability claims in violation of the

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Americans with Disabilities Act, 42 U.S.C. § 12101, and the Missouri Human Rights
Act (“MHRA”), Mo. Rev. Stat. § 213.010. The Magistrate Judge also ruled that the
undisputed facts established that Edwards did not suffer an adverse employment
action and that the Union did not breach its duty of fair representation regarding
Edwards’ age discrimination claims under the Age Discrimination in Employment
Act, 29 U.S.C. § 621, and the MHRA.
We review the grant or denial of summary judgment de novo. Reliastar Life
Ins. Co. v. IOA Re, Inc., 303 F.3d 874, 878 (8th Cir. 2002). Summary judgment is
appropriate if “there is no genuine issue as to any material fact and . . . the moving
party is entitled to a judgment as a matter of law.” Fed. R. Civ. P. 56(c). Having
carefully reviewed Edwards’ claims, we conclude the Magistrate Judge did not err
when it granted summary judgment in favor of the Union. We affirm. See 8th Cir.
Rule 47B.
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