Ronald McLelland v. City of North Myrtle Beach, No. 10-2283 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-2283 RONALD DALE MCLELLAND, Plaintiff - Appellant, v. CITY OF NORTH MYRTLE BEACH, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Florence. J. Michelle Childs, District Judge. (4:08-cv-03430-JMC) Submitted: March 15, 2011 Before MOTZ and Circuit Judge. WYNN, Circuit Decided: Judges, and March 17, 2011 HAMILTON, Senior Affirmed by unpublished per curiam opinion. Ronald Dale McLelland, Appellant Pro Se. D.L. Dirk Aydlette, III, Christina M. Summer, GIGNILLIAT, SAVITZ & BETTIS, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ronald Dale McLelland appeals the district court s order rejecting the recommendation of the magistrate judge and granting Defendant s motion for summary judgment in this age discrimination action. reversible error. We have reviewed the record and find no Accordingly, we affirm for the reasons stated by the district court. McLelland v. City of N. Myrtle Beach, No. 4:08-cv-03430-JMC (D.S.C. Sept. 21, 2010); see Gross v. FBL Fin. Servs., Inc., 129 S. Ct. 2343, 2352 (2009) (holding that, in age discrimination action, plaintiff must prove, by a preponderance of the evidence, that age was the but-for cause of the challenged McLelland s appeal. legal before motion adverse to employment exclude action ). Defendant s informal We deny brief on We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2

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