Opinion
No. 10-2737.
Submitted: January 18, 2011.
Filed: January 19, 2011.
Appeal from the United States District Court for the District of Minnesota.
Tony Dam, St. Paul, MN, pro se.
Sarah E. Crippen, Alison L. Olig, Sarah E. Ruter, Best Flanagan, Minneapolis, MN, for Appellees.
Before MELLOY, GRUENDER, and BENTON, Circuit Judges.
[UNPUBLISHED]
Tony Dam appeals the district court's adverse grant of summary judgment in his employment-discrimination action against his former employer Graco, Inc. (Graco). After careful de novo review, see Murphy v. Mo. Dep't of Corr., 372 F.3d 979, 982 (8th Cir. 2004), this court concludes that summary judgment was properly granted. Even assuming Dam made a prima facie case of discrimination, Graco presented a valid, non-discriminatory reason for his termination — poor job performance that did not improve — and Dam failed to present a triable issue of fact on whether that reason was a pretext for discrimination. See Richmond v. Bd. of Regents of the Univ. of Minn., 957 F.2d 595, 598 (8th Cir. 1992) (poor job performance is valid, non-discriminatory reason for termination; defendants produced documentation that plaintiffs performance was unsatisfactory, plaintiff ignored progressive warnings, and performance did not improve).
The Honorable Donovan W. Frank, United States District Judge for the District of Minnesota.
This court affirms. See 8th Cir. R. 47B.