Boykin v. Mineta

92 F. App'x 968

• Court: Court of Appeals for the Fourth Circuit
• Decided: April 13, 2004
• Docket: 03-2358
• Status: Unpublished

Opinion

PER CURIAM:

Timothy Boykin appeals the district court’s order awarding summary judgment to Defendant in this employment discrimination action. We have reviewed the record and find no reversible error. Accordingly, we affirm substantially on the reasoning of the district court. * See Boykin v. Mineta, No. CA-03-477-A (E.D. Va. filed Aug. 29, 2003 & entered Sept. 3, 2003). We grant the Government’s motion to strike Boykin’s attachments to his informal brief, and we deny Boykin’s motion to supplement the record. 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

* To the extent the district court dismissed Boy-kin's retaliation claim on the basis that it was not exhausted, we note that exhaustion is not required with regard to retaliation claims like the one at issue here. See Nealon v. Stone, 958 F.2d 584, 590 (4th Cir. 1992). However, because we conclude that Boykin fails to support his claim of retaliation, the district court’s judgment need not be disturbed.