Sherwin v. Pinehurst Assisted Living Retirement Community, L.L.C.

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-1874 CHARLES T. SHERWIN, Plaintiff - Appellant, versus PINEHURST ASSISTED LIVING RETIREMENT COMMU- NITY, L.L.C., Defendant - Appellee. Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (CA-00-375-5-F) Submitted: November 8, 2001 Decided: November 15, 2001 Before WILKINS, MICHAEL, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Charles T. Sherwin, Appellant Pro Se. John Benton Morris, KILPATRICK STOCKTON, L.L.P., Winston-Salem, North Carolina; Daryl Eugene Webb, Jr., TROUTMAN, SANDERS, MAYS & VALENTINE, L.L.P., Richmond, Virginia; Kathryn F. Twiddy, MCCANDLISH, KAINE & GRANT, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Charles T. Sherwin appeals the district court’s order granting summary judgment to his former employer in his civil action in which he alleged claims of employment discrimination based on disability and retaliatory discharge. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court on the retaliatory discharge claim and on the employment discrim- ination claim to the extent the court found Sherwin was not a qual- ified individual with a disability. Sherwin v. Pinehurst Assisted Living Retirement Community, L.L.C., No. CA-00-375-5-F (E.D.N.C. May 23, 2001). We deny Sherwin’s motion for sanctions. We dis- pense 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 2