Hamilton v. Mount Sinai Hospital
Opinion of the Court
SUMMARY ORDER
Plaintiff-Appellant Josif Hamilton, pro se, appeals from the judgment of the United States District Court for the Southern District of New York (Swain, /.), granting summary judgment to Appellee on Appellant’s age discrimination in employment claims. We assume the parties’ familiarity with the facts and procedural history.
Because Appellant did not object to the magistrate judge’s report and recommendation, appellate review is barred unless we excuse the default in the interests of justice. Thomas v. Arn, 474 U.S. 140, 155, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). However, the district court correctly granted summary judgment, as Appellant failed to establish that the reason for his termination was a pretext for age discrimination. See Texas Dep’t of Community Affairs v. Burdine, 450 U.S. 248, 254-55, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981); McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973); De La Cruz v. New York City Human Resources Administration Dept. of Social Svc., 82 F.3d 16, 20 (2d Cir. 1996). Thus, the appeal is without merit, and we need not excuse Appellant’s failure to object.
We have reviewed Appellant’s remaining arguments and find them to be without merit. For the reasons stated above, the judgment of the district court is AFFIRMED.
Reference
- Full Case Name
- Josif HAMILTON, Janina Frendak, Raisa Tkach, Consolidated-Plaintiffs v. MOUNT SINAI HOSPITAL
- Status
- Published