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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND PAULINE JEWER v. JOANNE BARNHART * * * Civil No. JFM-03-20 * * ***** MEMORANDUM

This is an action for employment discrimination arising out of the denial of a promotion. Defendant has filed a motion to dismiss or for summary judgment. Plaintiff (who is proceeding pro se) has not responded to the motion after being advised of the consequences of a failure to do so. The motion will be granted. 1. Plaintiff's claim for discrimination based on religion must be dismissed because plaintiff never asserted such a claim in the prior administrative proceedings. 2. Defendant is entitled to summary judgment as to plaintiff's claim for gender and race discrimination because two of the four persons to whom the three vacancies were offered were female (as is plaintiff), and all four of them were white (as is plaintiff). Likewise, defendant is entitled to summary judgment as to plaintiff's claim for age discrimination because although plaintiff falls within the group protected by the ADEA, all of the persons selected over her likewise fall within that group. Moreover, the record establishes that the reason that other persons were selected for promotion over plaintiff was that defendant reasonably perceived they were better qualified.

A separate order effecting the rulings made in this memorandum is being entered herewith.

Date: _____________________

_______________________________ J. Frederick Motz United States District Judge

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND PAULINE JEWER v. JOANNE BARNHART * * * Civil No. JFM-03-20 * * ***** ORDER

For the reasons stated in the accompanying memorandum, it is, this _____ day of September 2003 ORDERED 1. Defendant's motion to dismiss plaintiff's claim for religious discrimination is granted and plaintiff's claim for religious discrimination is dismissed; 2. Defendant's motion for summary judgment is granted as to plaintiff's claims for gender, race, and age discrimination; and 3. Judgment is entered in favor of defendant against plaintiff.

__________________________ J. Frederick Motz United States District Judge

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