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No. 15-1185
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:12-cv-00371-CCE-LPA)
Submitted:
Decided:
PER CURIAM:
Mackean P. Nyangweso Maisha appeals the district courts
orders dismissing portions of his amended complaint, granting
summary judgment to Appellees on his remaining claims, striking
portions
of
declarations
judgment
to
the
he
University
submitted,
of
North
and
Carolina
granting
at
summary
Chapel
Hill
motion
to
dismiss,
the
complaints
To
[f]actual
claims
under
42
U.S.C.
1983
(2012)
against
defendants
Title
VI
of
the
Civil
Rights
Act
of
1964,
42
U.S.C.
Act, Pub. L. No. 114-95, 129 Stat. 1802, 2171 (2015), as barred
by the statute of limitations because they are timely under the
continuing-violation
doctrine.
While
North
Carolinas
three-
Authority,
807
F.3d
62,
67
(4th
Cir.
2015)
( 1983
A Socy
Without a Name v. Virginia, 655 F.3d 342, 348 (4th Cir. 2011).
In
general,
to
establish
continuing
violation,
the
quotation
marks
unlawful
acts
distinguishable
effects
of
an
are
original
omitted).
violation
However,
from
the
because
Id.
the
continu[ing]
continuing
latter
do
ill
not
or
practice
of
General allegations of a
discrimination
Id.
are
insufficient
to
by
the
statute
of
limitations
as
each
event
related
to
discrete act that was not repeated by the individual actor, and
Maishas
general
allegations
of
pattern
or
practice
of
Maisha
contends
that
the
district
court
erred
in
Hudgens,
and
Jason
P.
Fine.
North
Carolina
defines
ownership
over
goods
or
personal
property
belonging
to
Inc.,
394
S.E.2d
824,
831
(N.C.
Ct.
App.
1990).
Federal
the
Univ.
of
Ala.,
104
F.3d
1453,
1463
(4th
Cir.
1997)
element
physical
that
object
the
embodying
defendant
unlawfully
plaintiffs
work.
retained
Id.
the
(internal
Id. at 1464.
Thus, we
conclude that the district court did not err in dismissing these
claims.
II.
Maisha
granting
also
contends
that
summary
judgment
to
the
UNC,
district
Fine,
and
court
erred
Hudgens.
in
We
P. 56(a)).
therefrom
nonmoving
party.
omitted).
in
the
Id.
light
at
565
most
n.1
favorable
(internal
to
. . .
quotation
the
marks
Co., 312 F.3d 645, 649 (4th Cir. 2002) (internal quotation marks
omitted).
First,
Maisha
argues
that
the
district
court
erred
in
We review
Nader
We discern no
(1973).
Rashdan v.
We
conclude that the district court did not err in finding that
Maisha failed to establish a prima facie case.
correct
that
UNC
did
not
have
formal
While Maisha is
policy
concerning
See Merritt v.
Old Dominion Freight Line, Inc., 601 F.3d 289, 297 (4th Cir.
2010)
([A]n
informal
policy
is
no
less
policy.).
When
eventually
unenrolled
from
UNC.
Thus,
we
conclude
that
also
contends
that
the
district
court
erred
in
show (1) that [he] engaged in protected activity; (2) that [UNC]
took a material adverse . . . action against [him;] and (3) that
a causal connection existed between the protected activity and
the adverse action.
Cir. 2003).
establishes causation.
it
was
retaliated
not
against
Qualifying Exam.
the
until
temporal
v.
(noting
that
retaliatory
him
by
2010
that
requiring
Maisha
him
to
alleged
sit
UNC
for
the
proximity
Lettieri
June
Equant
needed
Inc.,
plaintiff
animus
when
to
478
establish
F.3d
relied
there
on
was
640,
causation.
650
(4th
Cir.
See
2007)
additional
evidence
seven-month
gap
of
between
summary
judgment
on
his
claims
of
negligent
and
Id.
support
claim,
plaintiffs
failure
to
seek
medical
See Johnson
v. Scott, 528 S.E.2d 402, 405 (N.C. Ct. App. 2000) (finding
evidence
fear
of
of
sleeplessness,
dark
nightmares,
insufficient
to
loss
establish
of
appetite,
severe
and
emotional
distress).
Finally, Maisha contends that the district court erred in
granting summary judgment to UNC on its counterclaim for money
had and received.
good
conscience
he
ought
to
pay
to
the
plaintiff.
Primerica Life Ins. Co. v. James Massengill & Sons Constr. Co.,
10
712 S.E.2d 670, 676 (N.C. Ct. App. 2011) (internal quotation
marks omitted).
at
judgment
677.
We
on
its
conclude
that
counterclaim
UNC
was
because
entitled
it
to
refunded
summary
Maishas
with
contentions
are
oral
argument
adequately
because
presented
in
the
the
facts
We
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED
11