NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________

No. 22-2767 _____________

DUNCAN MORGEN-WESTRICK, Appellant v.

PENNSYLVANIA STATE UNIVERSITY

______________

On Appeal from United States District Court for the Eastern District of Pennsylvania (D.C. No. 2-20-cv-03335) District Judge: Honorable Cynthia M. Rufe ______________

Submitted Pursuant to Third Circuit L.A.R. 34.1(a) on September 19, 2023 ______________

Before: RESTREPO, McKEE, RENDELL Circuit Judges

(Opinion filed: October 4, 2023)

_______________________

OPINION _______________________

 This disposition is not an opinion of the full Court and under I.O.P. 5.7 does not constitute binding precedent. McKEE, Circuit Judge.

Duncan Morgen-Westrick appeals the District Court’s grant of summary judgment

to Pennsylvania State University in this dispute over a grade he received in a course he

took at the defendant university. Morgen-Westrick contends that he was “constructively

discharged over failure to carry out defendant’s promises to provide reasonable

accommodation” for him. Appellant’s Br. at 3. He asserts claims under the Americans

with Disabilities Act,

et seq., and for breach of contract, promissory

estoppel, and due process violations. Essentially, the grade given to Morgen-Westrick,

after extensions were provided for him to complete assignments, was below the grade he

needed to be reimbursed by his employer for his tuition, which limited his ability to

pursue a master’s degree.

In her detailed and thoughtful opinion, Judge Rufe carefully and clearly explained

her reasons for granting summary judgment for Pennsylvania State University in this case

arising from the disputed grade.1 We can add little to Judge Rufe’s analysis and

discussion and we will therefore affirm the District Court’s order substantially for the

reasons set forth in that opinion.

1 See Morgen-Westrick v. Pa. State Univ., No. 2-20-cv-03335,

(E.D. Pa. Aug. 25, 2022). 2