Kenneth W. Fernandez v. Budget Exteriors, Inc.

United States Court of Appeals
For the Eighth Circuit
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No. 12-2909
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Kenneth W. Fernandez
lllllllllllllllllllll Plaintiff - Appellant
v.
Budget Exteriors, Inc.
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the District of Minnesota - Minneapolis
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Submitted: April 5, 2013
Filed: May 31, 2013
[Unpublished]
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Before LOKEN, MELLOY, and BENTON, Circuit Judges.
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PER CURIAM.

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Kenneth W. Fernandez appeals the district court’s adverse grant of summary1
judgment in his employment-discrimination action. Upon careful de novo review, see
Kincaid v. City of Omaha, 378 F.3d 799, 803 (8th Cir. 2004), we conclude that
summary judgment was proper. The district court correctly concluded Fernandez's
hostile work environment claims were untimely and that his retaliatory-discharge
claim fails because Budget articulated legitimate, non-discriminatory reasons for his
discharge, which Fernandez did not show were pretextual.
Accordingly, we affirm the judgment. See 8th Cir. R. 47B.
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The Honorable Jeffrey J. Keyes, United States Magistrate Judge for the1
District of Minnesota, to whom the case was referred for final disposition by consent
of the parties pursuant to 28 U.S.C. § 636(c).
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