James Newport v. U.S. Dept. of Labor

1The Honorable Howard F. Sachs, United States District Judge for the Western
District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 10-1940
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Alverne C. Bush, *
*
Appellant, * Appeal from the United States
* District Court for the
v. * Western District of Missouri.
*
L-3 Communications/Titan Group, * [UNPUBLISHED]
*
Appellee. *
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Submitted: November 25, 2010
Filed: December 13, 2010
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Before LOKEN, MURPHY, and BENTON, Circuit Judges.
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PER CURIAM.
Alverne Bush appeals following the district court’s 1 adverse grant of summary
judgment in her employment discrimination action. After careful de novo review, see
Murphy v. Mo. Dep’t of Corr., 372 F.3d 979, 982 (8th Cir. 2004), we conclude that
summary judgment was properly granted. Even assuming Bush made a prima facie
case of discrimination on any of the bases asserted in her complaint, she failed to
create a jury issue on whether her unsatisfactory job performance – the reason given
for her termination – was a pretext for unlawful discrimination. See Richmond v. Bd.

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of Regents of the Univ. of Minn., 957 F.2d 595, 598 (8th Cir. 1992). Summary
judgment also was proper on Bush’s claim under the Family and Medical Leave Act,
because she did not provide the required notice to her employer. See Woods v.
DaimlerChrysler Corp., 409 F.3d 984, 991 (8th Cir. 2005).
Accordingly, we affirm the judgment of the district court, see 8th Cir. R. 47B,
and deny Bush’s pending motion for appointment of counsel.
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