James McCray v. Eric Shinseki


PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Pasco M. Bowman and Jane Kelly (UNPUBLISHED) [4141239] [13-2294]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-2294 ___________________________ James B. McCray lllllllllllllllllllll Plaintiff - Appellant v. Eric K. Shinseki, Secretary Department of Veterans Affairs Agency, in his official capacity lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: April 2, 2014 Filed: April 7, 2014 [Unpublished] ____________ Before WOLLMAN, BOWMAN, and KELLY, Circuit Judges. ____________ PER CURIAM. James McCray appeals the district court’s1 adverse grant of summary judgment in his employment action, in which he claimed that defendant terminated him in 1 The Honorable Dean Whipple, United States District Judge for the Western District of Missouri. Appellate Case: 13-2294 Page: 1 Date Filed: 04/07/2014 Entry ID: 4141239 retaliation for engaging in protected activity, in violation of Title VII. After careful de novo review, see Olsen v. Capital Region Med. Ctr., 713 F.3d 1149, 1153 (8th Cir. 2013) (standard of review), we conclude that summary judgment was proper, because defendant presented evidence of a legitimate, non-retaliatory reason for terminating the employment of McCray, a probationary employee, and McCray failed to demonstrate that a genuine issue of fact existed on whether the stated reason was a pretext for illegal retaliation. Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B. ______________________________ -2- Appellate Case: 13-2294 Page: 2 Date Filed: 04/07/2014 Entry ID: 4141239

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