254 F.3d 384 (2nd Cir. 2001), 00-6307, Belgrave v Pena
|Docket Nº:||Docket No. 00-6307|
|Citation:||254 F.3d 384|
|Party Name:||WAYNE BELGRAVE, Plaintiff-Appellant, v. FREDERICO PENA, Secretary of the United States Department of Energy, Defendant-Appellee.|
|Case Date:||June 20, 2001|
|Court:||United States Courts of Appeals, Court of Appeals for the Second Circuit|
Argued: May 17, 2001
Plaintiff-appellant Wayne Belgrave appeals from a September 18, 2000 judgment of the United States District Court for the Southern District of New York (Henry B. Pitman, Magistrate Judge). The judgement dismissed plaintiff's suit pursuant to Rule 56(c) of the Federal Rules of Civil Procedure because plaintiff (1) failed to timely exhaust his administrative remedies at the Department of Energy ("DOE") prior to filing suit, and (2) did not establish that DOE's asserted business justifications were pretext for race or age discrimination under the McDonnell Douglas burden-shifting framework.
Because we find that the plaintiff's efforts to exhaust his administrative remedies at the DOE were untimely, we affirm the district court's judgment.
Michael H. Sussman, (Stephen Bergstein, on the brief); Law Offices of Michael H. Sussman; Goshen, NY (for Plaintiff-Appellant).
Sean C. Cenawood, Assistant United States Attorney (Mary Jo White, United States Attorney for the Southern District of New York, Jeffrey Oestericher, Assistant United States Attorney, on the brief), New York, NY (for Defendant-Appellee).
Before: WALKER, Chief Judge, FEINBERG and CABRANES, Circuit Judges.
Plaintiff-appellant Wayne Belgrave appeals from a September 18, 2000 judgment of the United States District Court for the Southern District of New York (Henry B. Pitman, Magistrate Judge) granting the motion for summary judgment of defendant-appellee Federico F. Pena, Secretary of the United States Department of Energy ("DOE").
et seq., alleging that the DOE discriminated against him by failing to offer him one of two newly created Federal Energy Management Program ("FEMP") positions. Belgrave is an African-American male who, at the time of the events in question, was 66 years of age.
The district court asserted two alternative bases for granting summary judgment: (1) that Belgrave had...
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