Opinion

Riley v. Henderson

  • 14 F. App'x 245
Court
Court of Appeals for the Fourth Circuit
Filed
Jul 27, 2001
Status
Unpublished
On the bench
Wilkins, Williams, Michael
Cited by
0 cases
Authority
More cited than 28.1%

The opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-1157

CISA Y. RILEY,

Plaintiff - Appellant,

versus

WILLIAM HENDERSON, Postmaster General, United

States Postal Service,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern Dis-

trict of Virginia, at Alexandria. Claude M. Hilton, Chief District

Judge. (CA-00-901)

Submitted: June 29, 2001 Decided: July 27, 2001

Before WILKINS, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Cisa Y. Riley, Appellant Pro Se. Leslie Bonner McClendon, OFFICE

OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Cisa Y. Riley appeals the district court’s order dismissing

her claims of racial discrimination and retaliation under Title VII

of the Civil Rights Act of 1964, as amended, 42 U.S.C.A. §§ 2000e

to 2000e-17 (West 1994 & Supp. 2000). We have reviewed the record

and the district court’s opinion and find no reversible error.

Accordingly, we affirm substantially on the reasoning of the

district court.* See Riley v. Henderson, No. CA-00-901 (E.D. Va.

filed Jan. 4, 2001, entered Jan. 9, 2001). We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process.

AFFIRMED

*

To the extent Riley claims the district court’s order of

summary judgment prevented her from completing discovery, because

Riley failed to seek a continuance under Fed. R. Civ. P. 56(f), she

cannot raise this claim on appeal. See Evans v. Technologies

Applications & Serv. Co., 80 F.3d 954, 961 (4th Cir. 1996). Addi-

tionally, in light of the nature of the district court’s dismissal

of Riley’s claim, her assertion that the affirmative defense recog-

nized by Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 (1998),

is inapplicable in her action is moot.

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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