Md Shakhawat Hossain v. Job Service of North Dakota

United States Court of Appeals
For the Eighth Circuit
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No. 23-1882
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Md Shakhawat Hossain
lllllllllllllllllllllPlaintiff - Appellant
v.
Job Service of North Dakota
lllllllllllllllllllllDefendant - Appellee
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Appeal from United States District Court
for the District of North Dakota - Western
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Submitted: November 15, 2023
Filed: November 28, 2023
[Unpublished]
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Before GRUENDER, BENTON, and KELLY, Circuit Judges.
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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
1The 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).

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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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