Shahid v. The City of New York

08-5340-cv Shahid v. The City of New York UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUM M ARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO SUM M ARY O RDERS FILED AFTER JANUARY 1, 2007, IS PERM ITTED AND IS GOVERNED BY THIS COURT’S LOCAL RULE 32.1 AND FEDERAL RULE OF APPELLATE PROCEDURE 32.1. IN A BRIEF OR OTHER PAPER IN WHICH A LITIGANT CITES A SUM M ARY ORDER, IN EACH PARAGRAPH IN WHICH A CITATION APPEARS, AT LEAST ONE CITATION M UST EITHER BE TO THE FEDERAL APPENDIX OR BE ACCOM PANIED BY THE NOTATION: (SUM M ARY ORDER). A PARTY CITING A SUM M ARY ORDER M UST SERVE A COPY OF THAT SUM M ARY ORDER TOGETHER W ITH THE PAPER IN W HICH THE SUM M ARY ORDER IS CITED ON ANY PARTY NOT REPRESENTED BY COUNSEL UNLESS THE SUM M ARY ORDER IS AVAILABLE IN AN ELECTRONIC DATABASE W H IC H IS PUBLICLY ACCESSIBLE W ITHOUT PAYM ENT OF FEE (SUCH AS THE DATABASE AVAILABLE AT HTTP://W W W .CA2.USCOURTS.GOV/). IF NO COPY IS SERVED BY REASON OF THE AVAILABILITY OF THE ORDER ON SUCH A DATABASE, TH E C ITATION M UST INCLUDE REFERENCE TO THAT DATABASE AND THE DOCKET NUM BER OF THE CASE IN W HICH THE ORDER W AS ENTERED. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on the 17th day of December , two thousand nine. PRESENT: PIERRE N. LEVAL, PETER W . HALL, DEBRA ANN LIVINGSTON, Circuit Judges. _______________________________________________ Abdus Shahid, Plaintiff-Appellant, v. 08-5340-cv The City of New York, Defendant-Appellee. ______________________________________________ FOR PLAINTIFF-APPELLANT: Abdus Shahid, pro se, Brooklyn, New York. FOR DEFENDANT-APPELLEE: Susan Paulson, Assistant Corporation Counsel, The City of New York Law Department, New York, New York. UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED AND DECREED that the judgment of the district court is AFFIRMED. Plaintiff-Appellant Abdus Shahid, pro se, appeals from the judgment of the United States District Court for the Southern District of New York (Crotty, J.), granting summary judgment to Appellee on Appellant’s discrimination claims. We assume the parties’ familiarity with the facts and procedural history. We review orders granting summary judgment de novo and focus on whether the district court properly concluded that there was no genuine issue as to any material fact and the moving party was entitled to judgment as a matter of law. Miller v. Wolpoff & Abramson, L.L.P., 321 F.3d 292, 300 (2d Cir. 2003). Having conducted an independent and de novo review, we conclude, for substantially the same reasons stated by the district court, that Appellant did not demonstrate that Appellee’s non-discriminatory, legitimate business reasons for the alleged discriminatory employment actions were a pretext for discrimination. See Tex. Dep’t of Cmty. Affairs v. Burdine,450 U.S. 248, 254-55 (1981); McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04 (1973); see also Fisher v. Vassar Coll., 70 F.3d 1420 (2d Cir. 1995). We have considered Appellant’s remaining claims and find them to be without merit. For the reasons stated above, the judgment of the district court is AFFIRMED. FOR THE COURT: Catherine O’Hagan Wolfe, Clerk By:_________________________ 2