Summary
dismissing complaint on same ground, noting "where, as here, plaintiff's judicial complaint relies on informal and formal administrative complaints, these documents may be considered in ruling on a motion to dismiss, without converting the Rule 12(b) motion into a Rule 56 motion."
Summary of this case from Earl v. SpeerOpinion
No. 06-2332.
Submitted: April 26, 2007.
Decided: April 30, 2007.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T.S. Ellis III, Senior District Judge. (1:06-cv-00715-TSE).
Virgil M. Lorenzo, Appellant Pro Se. Kevin Jason Mikolashek, Office of the United States Attorney, Alexandria, Virginia, for Appellee.
Before WILLIAMS, MICHAEL, and SHEDD, Circuit Judges.
Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Virgil M. Lorenzo appeals the district court's order granting Defendant's motion to dismiss his claims of race discrimination and retaliation brought pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e to 2000e(17) (2000), and his claim of age discrimination brought pursuant to the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 621 to 634 (2000). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Lorenzo v. Gates, No. 1:06-cv-00715-TSE (E.D.Va. filed Oct. 18, 2006; entered Oct. 19, 2006). 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.
Robert M. Gates has been substituted for Donald H. Rumsfeld.
AFFIRMED.