Deon Smith v. Sean O'Keefe , 143 F. App'x 267 ( 2005 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
September 6, 2005
No. 05-10549
THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 03-03021-CV-S-NE
DEON SMITH,
Plaintiff-Appellant,
versus
SEAN O'KEEFE,
Administrator, NASA,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Northern District of Alabama
_________________________
(September 6, 2005)
Before ANDERSON, DUBINA and KRAVITCH, Circuit Judges.
PER CURIAM:
Plaintiff-Appellant Deon Smith, a Caucasian male over age 60, appeals the
district court’s grant of summary judgment in favor of the National Aeronautics
and Space Administration (“NASA”). Smith filed a discrimination action against
NASA under the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e-2, 42
U.S.C. § 1981, and the Age Discrimination Employment Act, 29 U.S.C. § 626,
alleging race, age, gender, and national origin discrimination in his non-selection
for a supervisory position. The parties agreed that Smith established a prima facie
case of discrimination, and that NASA put forth a legitimate, non-discriminatory
reason for its selection. The district court determined that Smith failed to establish
that this reason was a pretext for discrimination and, therefore, granted summary
judgment. Smith now appeals.
We review a district court’s grant of summary judgment de novo, viewing
the evidence in the light most favorable to the party opposing the motion. Wilson
v. B/E Aerospace, Inc., 376 F.3d 1079, 1085 (11th Cir. 2004); Green v. Union
Foundry Co., 281 F.3d 1229, 1233 (11th Cir. 2002).
Upon our review of the record, we affirm the grant of summary judgment for
the reasons set forth in the district court’s thorough opinion dated December 28,
2004.
AFFIRMED.
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