F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
JUL 3 2002
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
JAMES E. JENNINGS,
Plaintiff - Appellant,
v. No. 01-1536
(D.C. No. 00-Z-2407)
KOHL’S DEP’T STORE, (D. Colorado)
Defendant - Appellee.
ORDER AND JUDGMENT *
Before SEYMOUR , PORFILIO , and O’BRIEN , Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
Plaintiff James E. Jennings, appearing pro se , appeals the district court’s
grant of summary judgment to defendant, Kohl’s Department Store, on his claims
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
alleging violations of Title VII, defamation, and what he characterizes as genetic
discrimination. The parties are familiar with the facts and the procedural history
of this case, and we will not repeat them here.
We review the grant of summary judgment de novo , applying the same
standard as the district court. Simms v. Okla. ex rel. Dep’t of Mental Health &
Substance Abuse Servs. , 165 F.3d 1321, 1326 (10th Cir. 1999). “[W]e view the
evidence and draw reasonable inferences therefrom in the light most favorable to
the nonmoving party.” Id.
Having carefully reviewed the record in that light, we find no error.
We can do no better than the magistrate judge and the district court either at
interpreting plaintiff’s claims or explaining why they are without legal merit.
We AFFIRM for substantially the reasons given by the magistrate judge in his
Recommendation dated September 21, 2001, and by the district court in its order
dated November 6, 2001, adopting that recommendation. The mandate shall
issue forthwith.
Entered for the Court
Stephanie K. Seymour
Circuit Judge
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