Md Hossain v. Job Service of North Dakota

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-1882 ___________________________

Md Shakhawat Hossain

lllllllllllllllllllllPlaintiff - Appellant

v.

Job Service of North Dakota

lllllllllllllllllllllDefendant - Appellee ____________

Appeal from United States District Court for the District of North Dakota - Western ____________

Submitted: November 15, 2023 Filed: November 28, 2023 [Unpublished] ____________

Before GRUENDER, BENTON, and KELLY, Circuit Judges. ____________

PER CURIAM.

Md Hossain appeals the district court’s1 adverse grant of summary judgment in his employment discrimination action. After careful review of the record and the

1 The Honorable Clare R. Hochhalter, United States Magistrate Judge for the District of North Dakota, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c). parties’ arguments, we conclude Hossain did not preserve for appeal his argument that the district court erred in failing to rule on his motion to amend. See Becker v. Univ. of Neb. at Omaha, 191 F.3d 904, 909 n.4 (8th Cir. 1999) (declining to address argument plaintiff failed to preserve for appeal). We also conclude that the grant of summary judgment was proper. See Said v. Mayo Clinic, 44 F.4th 1142, 1147 (8th Cir. 2022) (reviewing grant of summary judgment de novo). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

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