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  • Andrea Weathers v. Thomas Ziko, 4th Cir. (2016)

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a case brought by Andrea Weathers against the University of North Carolina at Chapel Hill and several officials. The district court had dismissed Weathers' federal claims with prejudice and state claims without prejudice. The Fourth Circuit affirmed the district court's rulings, finding no reversible error. The Fourth Circuit held that Weathers failed to demonstrate she applied for and was qualified for a promotion, as required to show discrimination based on failure to promote. The Fourth Circuit also held that Weathers failed to demonstrate a meritorious claim or defense necessary to obtain relief from the district court's judgment.

    Original Description:

    Filed: 2016-05-16 Precedential Status: Non-Precedential Docket: 15-2485

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a case brought by Andrea Weathers against the University of North Carolina at Chapel Hill and several officials. The district court had dismissed Weathers' federal claims with prejudice and state claims without prejudice. The Fourth Circuit affirmed the district court's rulings, finding no reversible error. The Fourth Circuit held that Weathers failed to demonstrate she applied for and was qualified for a promotion, as required to show discrimination based on failure to promote. The Fourth Circuit also held that Weathers failed to demonstrate a meritorious claim or defense necessary to obtain relief from the district court's judgment.

    Copyright:

    Public Domain
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    8 views2 pages

    Andrea Weathers v. Thomas Ziko, 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a case brought by Andrea Weathers against the University of North Carolina at Chapel Hill and several officials. The district court had dismissed Weathers' federal claims with prejudice and state claims without prejudice. The Fourth Circuit affirmed the district court's rulings, finding no reversible error. The Fourth Circuit held that Weathers failed to demonstrate she applied for and was qualified for a promotion, as required to show discrimination based on failure to promote. The Fourth Circuit also held that Weathers failed to demonstrate a meritorious claim or defense necessary to obtain relief from the district court's judgment.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-2485

    ANDREA C. WEATHERS,
    Plaintiff - Appellant,
    v.
    THOMAS J. ZIKO; GREGORY CONNOR; HERBERT B. PETERSON;
    JONATHAN KOTCH; BARBARA K. RIMER; SANDRA L. MARTIN; THE
    UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL,
    Defendants - Appellees.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro. Thomas D. Schroeder,
    District Judge. (1:14-cv-00828-TDS-JEP)

    Submitted:

    April 29, 2016

    Decided:

    May 16, 2016

    Before MOTZ, KEENAN, and WYNN, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Andrea C. Weathers, Appellant Pro Se.


    Matthew Thomas Tulchin,
    NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina;
    Gary S. Parsons, Craig Daniel Schauer, BROOKS, PIERCE, MCLENDON,
    HUMPHREY & LEONARD, Raleigh, North Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Andrea

    C.

    Weathers

    appeals

    the

    district

    courts

    order

    dismissing her federal claims with prejudice and her state law
    claims without prejudice and its order denying her Fed. R. Civ.
    P.

    59(e)

    motion

    to

    alter

    and

    amend

    its

    judgment.

    reviewed the record and find no reversible error.


    we affirm the district courts orders.

    We

    have

    Accordingly,

    See Alvarado v. Bd. of

    Tr. of Montgomery Cmty. Coll., 928 F.2d 118, 121 (4th Cir. 1991)
    (requiring plaintiff alleging discrimination based on failure to
    promote to demonstrate that she applied for promotion and was
    qualified
    Metro.

    for

    Area

    promotion);

    Transp.

    Square

    Auth.,

    657

    Constr.

    F.2d

    68,

    Co.
    71

    v.

    (4th

    Washington
    Cir.

    1981)

    (requiring party to demonstrate the existence of a meritorious


    claim

    or

    60(b)(3));

    defense

    to

    obtain

    relief

    through

    Fed.

    R.

    Civ.

    P.

    see also Pueschel v. United States, 369 F.3d 345,

    355-56 (4th Cir. 2003) ([T]he doctrine of res judicata not only
    bars claims that were actually litigated in a prior proceeding,
    but also claims that could have been litigated.).

    We dispense

    with oral argument because the facts and legal contentions are
    adequately

    presented

    in

    the

    materials

    before

    this

    court

    and

    argument would not aid the decisional process.


    AFFIRMED

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