Opinion

Onitiri v. Seal Security

  • 633 F. App'x 15
Court
Court of Appeals for the Second Circuit
Filed
Feb 3, 2016
Status
Published
On the bench
Carney, Chin, Parker
Cited by
1 cases
Authority
More cited than 44.2%

The opinion

SUMMARY ORDER

Plaintiff-Appellant Peter Onitiri, proceeding pro se, appeals the district court’s grant of summary judgment in favor of his former employer, Seal Security, and dismissal of his claims under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

We review orders granting summary judgment de novo and focus on whether the district court properly concluded that there was no genuine issue as to any material fact and the moving party was entitled to judgment as a matter of law. Miller v. Wolpoff & Abramson, LLP, 321 F.3d 292, 300 (2d Cir.2003). We draw all inferences in favor of the non-moving party, but that “party must come forward with specific evidence demonstrating the existence of a genuine dispute of material fact.” Robinson v. Concentra Health Servs., Inc., 781 F.3d 42, 44 (2d Cir.2015) (quoting Brown v. Eli Lilly & Co., 654 F.3d 347, 358 (2d Cir.2011)).

Upon review, we conclude that the court properly granted Seal Security’s motion for summary judgment. We affirm for substantially the reasons stated by the district court in its February 5, 2015 decision. As the district court found, a reasonable jury could only conclude that Onitiri was fired for a legitimate, non-discriminatory reason: he abandoned his post and was found sleeping in a client’s conference room with the lights off, in violation of Seal Security’s company policy.

We have considered all of Onitiri’s arguments and find them to be without merit. Accordingly, we AFFIRM the judgment of the district court.

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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