George Spann v. AR Department of F&A, No. 05-2633 (8th Cir. 2006)
Annotate this CaseCourt Description: Civil case - employment discrimination. Employer's summary judgment affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-2633 ___________ George Spann, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Arkansas Department of Finance and * Administration, * [UNPUBLISHED] * Appellee. * ___________ Submitted: June 14, 2006 Filed: June 19, 2006 ___________ Before MELLOY, FAGG, and BENTON, Circuit Judges. ___________ PER CURIAM. George Spann appeals the district court s1 adverse grant of summary judgment in his Title VII employment-discrimination suit against his former employer, Arkansas Department of Finance and Administration (AFDA). Having carefully reviewed the record, see Kincaid v. City of Omaha, 378 F.3d 799, 803-04 (8th Cir. 2004) (de novo standard of review), we agree with the district court that Spann failed to establish that AFDA s proffered legitimate, nondiscriminatory reason for the adverse actions taken 1 The Honorable J. Leon Holmes, Chief Judge, United States District Court for the Eastern District of Arkansas. against Spann--continued performance deficiencies--were pretextual. See Gilooly v. Mo. Dep t of Health & Senior Servs., 421 F.3d 734, 739 (8th Cir. 2005) (burdenshifting analysis). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-
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