UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-2283
RONALD DALE MCLELLAND,
Plaintiff - Appellant,
v.
CITY OF NORTH MYRTLE BEACH,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Florence. J. Michelle Childs, District
Judge. (4:08-cv-03430-JMC)
Submitted: March 15, 2011 Decided: March 17, 2011
Before MOTZ and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Ronald Dale McLelland, Appellant Pro Se. D.L. Dirk Aydlette,
III, Christina M. Summer, GIGNILLIAT, SAVITZ & BETTIS,
Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ronald Dale McLelland appeals the district court’s
order rejecting the recommendation of the magistrate judge and
granting Defendant’s motion for summary judgment in this age
discrimination action. We have reviewed the record and find no
reversible error. Accordingly, we affirm for the reasons stated
by the district court. McLelland v. City of N. Myrtle Beach,
No. 4:08-cv-03430-JMC (D.S.C. Sept. 21, 2010); see Gross v. FBL
Fin. Servs., Inc., 129 S. Ct. 2343, 2352 (2009) (holding that,
in age discrimination action, plaintiff “must prove, by a
preponderance of the evidence, that age was the ‘but-for’ cause
of the challenged adverse employment action”). We deny
McLelland’s motion to exclude Defendant’s informal brief on
appeal. 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.
AFFIRMED
2