Dowling v. Sturgeon Electric, No. 11-1554 (10th Cir. 2012)
Annotate this Case
Download PDF
FILED United States Court of Appeals Tenth Circuit September 20, 2012 UNITED STATES COURT OF APPEALSElisabeth A. Shumaker TENTH CIRCUIT Clerk of Court THERESA L. DOWLING, Plaintiff Appellant, v. No. 11-1554 (D.C. No. 1:10-CV-01118-REB-KMT) STURGEON ELECTRIC; WILLIAM LONG; WILLIAM FREDRICKS, (D. Colorado) Defendants Appellees. ORDER AND JUDGMENT* Before BRISCOE, Chief Judge, McKAY and HOLMES, Circuit Judges. After examining the briefs and the appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). This case is therefore ordered submitted without oral argument. Plaintiff Theresa Dowling, proceeding pro se, appeals the district court s grant of summary judgment for the Defendants on her claims under Title VII of the Civil Rights Act of 1964. The magistrate judge recommended granting summary judgment because * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Plaintiff could not satisfy her burden of establishing a prima facie case for her gender discrimination, retaliation, and hostile work environment claims. The district court agreed. It appears Plaintiff also argues that the district court erred by denying her motion to extend the deadline for discovery and her motions for post-judgment relief. Plaintiff s appeal is based largely on allegations of fraud on the part of defense counsel and bias on the part of the district court and magistrate judge. After a thorough review of the appellate record, we have found no evidence to support these allegations. Furthermore, nothing in Plaintiff s brief or the appellate record persuades us there was any error in the magistrate judge s analysis or the district court s orders. Therefore, for substantially the same reasons given by the magistrate judge and the district court, we AFFIRM the grant of summary judgment on Plaintiff s Title VII claims and the denial of her motion to extend the deadline for discovery and her motions for post-judgment relief. Plaintiff s motion to proceed in forma pauperis on appeal is GRANTED. Plaintiff is reminded of her obligation to continue making partial payments until her entire filing fee has been paid in full. Entered for the Court Monroe G. McKay Circuit Judge -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
