Ellis v. Principi

246 F. App'x 867
CourtCourt of Appeals for the Fifth Circuit
DecidedSeptember 5, 2007
Docket06-60215
StatusUnpublished
Cited by23 cases

This text of 246 F. App'x 867 (Ellis v. Principi) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ellis v. Principi, 246 F. App'x 867 (5th Cir. 2007).

Opinion

PER CURIAM: *

Pamela Ellis, pro se, appeals the dismissal on summary judgment of her claims *869 against defendant Anthony Principi, Secretary of the United States Department of Veterans Affairs. We affirm.

I. FACTS AND PROCEEDINGS

Pamela Ellis, a black woman, worked at the G.V. “Sonny” Montgomery Veterans Hospital (“VA Hospital”) in Jackson, Mississippi, beginning in August 1996. In April 1999, she was transferred to Unit 4C North, where she alleges that her coworkers engaged in a pattern of discrimination and harassment based on her race, sex, and religion (Pentecostal). Ellis filed three formal complaints with the Equal Employment Opportunity Commission (“EEOC”), which found by a preponderance of the evidence that discrimination had not occurred. Ellis timely filed suit in federal court.

In her federal lawsuit, Ellis alleges that she was subjected to a hostile work environment based on her race and religion, reprisal for previous EEOC activity, and denial of a reasonable accommodation of her religion. Ellis also asserts that she is entitled to damages for intentional infliction of emotional distress (“IIED”).

The district court granted Principi summary judgment on all of Ellis’s claims and dismissed her action. Ellis timely appealed. She asserts that the district court erred by allowing the defendant to file a motion for summary judgment after the deadline established by the court’s pretrial order; she further asserts that the district court made factual errors and failed to consider relevant evidence.

II. STANDARD OF REVIEW

We review the district court’s grant of summary judgment de novo. Jones v. Comm’r, 338 F.3d 463, 466 (5th Cir.2003). Summary judgment is proper if “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed. R. CivJP. 56(c). We apply the same standard as the district court and construe all facts and inferences in the light most favorable to the non-moving party. Cooper Tire & Rubber Co. v. Farese, 423 F.3d 446, 454 (5th Cir.2005).

Because Ellis filed this action pro se, the court must judge her pleadings by a more lenient standard than that accorded to “formal pleadings drafted by lawyers.” Haines v. Kerner, 404 U.S. 519, 520, 92 S. Ct. 594, 30 L.Ed.2d 652 (1972); accord Guerrero v. Hauck, 502 F.2d 579, 580-81 (5th Cir.1974). Nevertheless, plaintiffs pro se status does not exempt her from the usual evidentiary requirements of summary judgment. Grant v. Cuellar, 59 F.3d 523, 524 (5th Cir.1995).

III. DISCUSSION

Ellis alleges two errors below. She first asserts that the district court improperly allowed the defendant to move for summary judgment after the court’s deadline for such motions had passed. Trial was set to commence on November 14, 2005, with a pre-trial conference scheduled for October 17, 2005. In its scheduling order, the district court required that the parties submit any motions, apart from motions in limine, by July 28, 2005. 1 On July 1, 2005, the district court extended *870 the deadline to September 12, on a motion by the defendant. On October 17, the district court made an undocketed minute entry in which it allowed Principi’s summary judgment motion to be filed on that day, with the plaintiffs response due on October 81. The district court simultaneously ordered that the pre-trial conference date would be reset after it decided the motion for summary judgment. The district court has wide discretion to control its own docket and adjust filing deadlines as needed. See, e.g., Hetzel v. Bethlehem Steel Corp., 50 F.3d 360, 367 (5th Cir.1995). Here, it allowed the defendant to file a motion for summary judgment nearly one month before the scheduled trial date and rescheduled the pre-trial conference accordingly. Ellis does not allege that she suffered any prejudice as a result of the district court’s action. We find no abuse of discretion.

Ellis also asserts that the district court made “factual errors” in reaching its conclusions as to the viability of her claims. Ellis does not consistently link her assertions to any evidence in the record, making an evaluation of her arguments difficult. Because the court is obliged to review the grant of summary judgment de novo, we look to see whether the evidentiary record supports the district court’s findings as to each of her claims. Ellis alleges both a hostile work environment and disparate treatment based on her race, gender, and religion; retaliation for her efforts at reporting allegedly discriminatory behavior; and failure to accommodate her religious beliefs. She also alleges that she should recover for intentional infliction of emotional distress. The district court dismissed all of her claims.

A. Initial discrimination

(1) Disparate treatment

Ellis characterizes several incidents as evidence of both disparate treatment and a hostile work environment. To prevail on a claim for disparate treatment, Ellis must first establish a prima facie case of racial discrimination by showing: 1) she belongs to a protected class; 2) she was qualified to do her job; 3) despite her qualifications, her employment situation was adversely affected; 4) and her position was filled by someone outside the protected class. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). If Ellis were successful, the burden would shift to Principi to proffer a legitimate, nondiscriminatory reason for the decision. Tx. Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 253, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). To establish a prima facie case of discrimination, a plaintiff must show that she suffered an “ultimate employment decision.” Felton v. Polles, 315 F.3d 470, 486 (5th Cir.2002). “ ‘Ultimate employment decisions’ include acts ‘such as hiring, granting leave, discharging, promoting, and compensating.’ ” Id. (quoting Dollis v. Rubin, 77 F.3d 777, 782 (5th Cir.1995)).

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Bluebook (online)
246 F. App'x 867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellis-v-principi-ca5-2007.