Gregory Reid, Jr. v. Charlotte Mecklenburg School


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999908787-2]; denying Motion for transcript at government expense [999913768-2]; denying Motion to appoint/assign counsel [999913768-3] Originating case number: 3:14-cv-00066-FDW-DSC. Copies to all parties and the district court/agency. [1000014718]. [16-1892]

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Appeal: 16-1892 Doc: 23 Filed: 02/01/2017 Pg: 1 of 4 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1892 GREGORY ARTHUR REID, JR., Plaintiff - Appellant, v. CHARLOTTE MECKLENBURG SCHOOLS; MECKLENBURG COUNTY BOARD OF EDUCATION, Defendants - Appellees, and RACHEL CORN; MAUREEN FURR; JANET H. HOUSTON; BRANDY NELSON; ALICIA MCCREE, HAMILTON; RHONDA Defendants. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, Chief District Judge. (3:14-cv-00066-FDW-DSC) Submitted: January 27, 2017 Decided: February 1, 2017 Before WILKINSON, MOTZ, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Gregory Arthur Reid, Jr., Appellant Pro Se. Courtney Collins Rogers, CHARLOTTE-MECKLENBURG GOVERNMENT CENTER, Charlotte, Appeal: 16-1892 Doc: 23 Filed: 02/01/2017 Pg: 2 of 4 North Carolina; Karl Dean Shatley, II, CAMPBELL SHATLEY, PLLC, Asheville, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 Appeal: 16-1892 Doc: 23 Filed: 02/01/2017 Pg: 3 of 4 PER CURIAM: Gregory Arthur Reid, Jr., appeals from the district court’s judgment entered after a jury trial on his retaliation claim raised pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17 (2012). Finding no reversible error, we affirm. Reid first challenges the district court’s order granting partial summary judgment to Charlotte Mecklenburg Schools. We have reviewed the record and conclude that no genuine dispute of material fact exists. See Jacobs v. N.C. Admin. Office of the Courts, 780 F.3d 562, 565, 568 (4th Cir. 2015) (setting forth standard of review). Accordingly, we affirm for the reasons stated by the district court. Reid v. Charlotte Mecklenburg Schs., No. 3:14-cv-00066-FDW-DSC (W.D.N.C. Feb. 12, 2016.) Reid next contends that the district court erred in denying his motion for a continuance. We review for abuse of discretion a district court’s decision to deny a motion for continuance. United States v. Speed, 53 F.3d 643, 644 (4th Cir. 1995). We conclude that the district court did not abuse its discretion, as Reid was able to participate in the trial proceedings and does not allege that participation substantial danger to his health. 492 F.2d 913, 916 (4th Cir. 1974). 3 in the trial presented a See Latham v. Crofters, Inc., Appeal: 16-1892 Doc: 23 Filed: 02/01/2017 Pg: 4 of 4 Finally, Reid contends that the district court erred in admitting a photograph of him and his boyfriend. “We review a trial court’s rulings on the admissibility of evidence for abuse of discretion . . . .” F.3d 339, 349 omitted). (4th Minter v. Wells Fargo Bank, N.A., 762 Cir. 2014) (internal quotation marks An evidentiary error is harmless unless it affects a party’s substantial rights. Fed. R. Civ. P. 61; United States ex rel. Drakeford v. Tuomey, 792 F.3d 364, 375 (4th Cir. 2015). Even if the district court could be deemed to have erred, any error was harmless, as the district court admitted only the single photograph that did not identify the other individual as Reid’s boyfriend, and the court gave a limiting instruction. See Smith v. Balt. City Police Dep’t, 840 F.3d 193, 203-04 (4th Cir. 2016). Accordingly, although we grant Reid leave to proceed in forma pauperis, we affirm the district court’s judgment. We further deny Reid’s motion for transcripts at government expense and to appoint counsel. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED 4

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