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Boyd v. Guiterrez

United States Court of Appeals, Fourth Circuit
Jan 23, 2007
214 F. App'x 322 (4th Cir. 2007)

Summary

affirming grant of summary judgment without discovery where plaintiff "failed to identify any facts essential to his opposition that were not already available to him."

Summary of this case from Owners Ins. Co. v. Cruz Accessories

Opinion

No. 05-2323.

Submitted: November 21, 2006.

Decided: January 23, 2007.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Deborah K. Chasanow, District Judge. (CA04-1535-DKC).

Willie J. Mahone, Frederick, Maryland, for Appellant. Rod J. Rosenstein, United States Attorney, Ariana Wright Arnold, Assistant United States Attorney, Baltimore, Maryland, for Appellee.

Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Eric M. Boyd appeals the district court's adverse grant of summary judgment, alleging abuse of the district court's discretion in denying his Fed.R.Civ.P. 56(f) motion. Generally, summary judgment is appropriate only after adequate time for discovery. Evans v. Technologies Applications Serv. Co., 80 F.3d 954, 961 (4th Cir. 1996) (citation and quotation marks omitted). Here, however, while Boyd submitted an affidavit pursuant to Rule 56(f) in which he attested that he was "unable to present facts in opposition to Defendant's Motion for Summary Judgment, without the benefit of discovery in this matter," he failed to identify any facts essential to his opposition that were not already available to him. Rule 56(f) provides that a court may order a continuance "[s]hould it appear from the affidavits . . . that the party cannot for reasons stated" present facts to defeat summary judgment. Given the extent to which numerous documents and affidavits submitted during his EEOC proceedings were already available to Boyd, we find no abuse of the district court's discretion in denying Boyd's Rule 56(f) motion.

Accordingly, we affirm the district court's order denying Boyd's Rule 56(f) motion, granting summary judgment, and dismissing Boyd's action. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.


Summaries of

Boyd v. Guiterrez

United States Court of Appeals, Fourth Circuit
Jan 23, 2007
214 F. App'x 322 (4th Cir. 2007)

affirming grant of summary judgment without discovery where plaintiff "failed to identify any facts essential to his opposition that were not already available to him."

Summary of this case from Owners Ins. Co. v. Cruz Accessories

affirming denial of request for more discovery because "numerous documents and affidavits submitted during his EEOC proceedings were already available"

Summary of this case from Qaiser v. Small Bus. Admin.

affirming the district court's decision denying a request to continue a motion for summary judgment pending additional discovery given the extent to which the numerous documents and affidavits submitted during the plaintiff's EEOC proceedings were already available to him

Summary of this case from Venable v. Pritzker

affirming district court's denial of a Rule 56(d) request where "numerous documents and affidavits submitted during [the plaintiff's] EEOC proceedings were already available to [him]"

Summary of this case from Agelli v. Sebelius

affirming district court's denial of a Rule 56(d) request where "numerous documents and affidavits submitted during [the plaintiff's] EEOC proceedings were already available to [him]"

Summary of this case from McKinnon v. Blank
Case details for

Boyd v. Guiterrez

Case Details

Full title:Eric M. BOYD, Plaintiff — Appellant, v. Carlos M. GUITERREZ…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jan 23, 2007

Citations

214 F. App'x 322 (4th Cir. 2007)

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