Hatton v. Thomasville Furniture Industries, Inc. , 2 F. App'x 302 ( 2001 )


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  •                         UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    CURTIS W. HATTON,                     
    Plaintiff-Appellant,
    v.
              No. 00-1455
    THOMASVILLE FURNITURE INDUSTRIES,
    INCORPORATED,
    Defendant-Appellee.
    
    Appeal from the United States District Court
    for the Middle District of North Carolina, at Durham.
    Frank W. Bullock, Jr., District Judge.
    (CA-98-874-1)
    Submitted: December 29, 2000
    Decided: January 23, 2001
    Before WIDENER, NIEMEYER, and LUTTIG, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    COUNSEL
    Walter T. Johnson, Jr., Greensboro, North Carolina, for Appellant.
    Charles A. Edwards, WOMBLE, CARLYLE, SANDRIDGE & RICE,
    P.L.L.C., Raleigh, North Carolina; Richard L. Rainey, WOMBLE,
    CARLYLE, SANDRIDGE & RICE, P.L.L.C., Charlotte, North Caro-
    lina, for Appellee.
    2              HATTON v. THOMASVILLE FURNITURE INDUS.
    Unpublished opinions are not binding precedent in this circuit. See
    Local Rule 36(c).
    OPINION
    PER CURIAM:
    Curtis W. Hatton filed suit against his former employer, Thomas-
    ville Furniture Industries, Inc., ("Employer") alleging unlawful termi-
    nation on account of his race in violation of Title VII of the Civil
    Rights Act of 1964.1 Hatton now appeals the district court’s grant of
    summary judgment to Employer on the ground that even assuming
    Hatton had established a prima facie case of discrimination, he failed
    to introduce sufficient evidence to create a genuine issue of material
    fact that Employer’s articulated reasons for its actions were a pretext
    designed to conceal an unlawful discriminatory motive. We affirm.
    This Court reviews a grant of summary judgment de novo. Higgins
    v. E.I. DuPont de Nemours & Co., 
    863 F.2d 1162
    , 1167 (4th Cir.
    1988). Summary judgment is appropriate only if there are no material
    facts in dispute and the moving party is entitled to judgment as a mat-
    ter of law. Fed. R. Civ. P. 56(c); Celotex Corp. v. Catrett, 
    477 U.S. 317
    , 322 (1986). This court must view the evidence in the light most
    favorable to the non-moving party. Anderson v. Liberty Lobby, Inc.,
    
    477 U.S. 242
    , 255 (1986).
    To establish a prima facie case of racial discrimination, Hatton
    must show that (1) he is a member of a protected class, (2) he was
    performing satisfactorily, and (3) he suffered adverse employment
    action, (4) under circumstances giving rise to an inference of discrim-
    ination. McDonnell Douglas Corp. v. Green, 
    411 U.S. 792
    , 802
    (1973); Williams v. Cerberonics, Inc., 
    871 F.2d 452
    , 455 (4th Cir.
    1989). If Hatton establishes a prima facie case, the burden shifts to
    Employer to give legitimate non-discriminatory reasons for the
    adverse treatment. Texas Dep’t of Cmty. Affairs v. Burdine, 
    450 U.S. 1
    Hatton does not dispute on appeal the district court’s resolution of his
    state law claims.
    HATTON v. THOMASVILLE FURNITURE INDUS.                   3
    248, 254 (1981). If the Employer comes forward with legitimate rea-
    sons for the adverse treatment, then Hatton must show that its deci-
    sion to terminate him was false and thus evidence of intentional
    discrimination. Reeves v. Sanderson Plumbing Prods., Inc., 
    120 S. Ct. 2097
    , 2109 (2000).
    We have reviewed the district court’s opinion and the materials
    submitted by the parties, and find no reversible error. Accordingly,
    we affirm on the reasoning of the district court. Hatton v. Thomasville
    Furn., Indus., No. CA-98-874-1 (M.D.N.C. Mar. 9, 2000).2 We dis-
    pense with oral argument because the facts and legal contentions are
    adequately presented in the materials before the court and argument
    would not aid the decisional process.
    AFFIRMED
    2
    Because Hatton did not amend his notice of appeal after the district
    court’s denial of his motion for reconsideration, the issues raised in his
    motion for reconsideration are not before the Court. Fed. R. App. P.
    4(a)(4)(B)(ii); United States v. McGlory, 
    202 F.3d 664
    , 668 (3d Cir.
    2000).