The Honorable Mark R. Kravitz, United States District Court for the * District of Connecticut, sitting by designation. The Clerk of the Court is respectfully directed to amend the official ** caption in this action to conform to the caption in this summary order. 08-4228-cv Howard v. The City of New York



## UNITED STATES COURT OF APPEALS F OR 

## T HE 

## S ECOND 

## C IRC UIT 

## SUMMARY ORDER

R ULI NGS BY SU MMA RY ORD ER DO NOT HAVE PRE CED ENT IAL EF FEC T . C ITA TIO N T O ASU MMA RY ORD ER FIL ED ON OR AFT ER JANU ARY 1, 2007, IS PERMIT TED AND IS GO VERNED BY F EDE RAL R ULE OF A PPE LLA TE P ROC EDU RE 32.1 AND TH IS COU RT ’ S L OCA L R ULE 32.1.1. W HEN CITING A SUMMAR Y O RDE R I N ADO CUM ENT FI LED WI TH THI S C OUR T , A PAR TY MUS T C ITE EI THE R T HE F EDE RAL A PPE NDI X O R AN ELE CTR ONI C D ATA BAS E ( WIT H T HE NOT ATI ON “ SUMMAR Y O RDE R ”). APA RTY CI TIN G ASU MMA RY ORD ER MUS T S ERV E ACO PY OF IT ON ANY PA RTY NO T R EPR ESE NTE D B Y C OUN SEL .



## At a stated Term of the United States Court of Appeals for the Second Circuit, held at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on the 4 day of February, two thousand and ten. th 

## Present: RICHARD C. WESLEY,

GERARD E. LYNCH,

Circuit Judges , MARK R. KRAVITZ

District Judge . *



## __________________________________________________ DONOVAN HOWARD,

Plaintiff-Appellant ,

- v. - (08-4228-cv) THE CITY OF NEW YORK and NEW YORK CITY HUMAN RESOURCES ADMINISTRATION,

Defendants-Appellees . **



## __________________________________________________

## 2

For Appellant: DONOVAN HOWARD, pro se , Reisterstown, Maryland. For Appellees: CHERYL PAYER, Assistant Corporation Counsel, City of New York Law Department, New York, New York. Appeal from the United States District Court for the Southern District of New York (Koeltl, J.). 1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, 2 AND DECREED that the August 4, 2008 judgment of the United 3 States District Court for the Southern District of New York 4 is AFFIRMED . 5 Plaintiff Donovan Howard, pro se , commenced this 6 employment-discrimination action pursuant to Title VII of 7 the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. , 8 alleging that, because of his race and gender, he was 9 subjected to a hostile work environment and wrongfully 10 terminated. Following discovery, the district court 11 conducted a jury trial that resulted in a verdict in favor 12 of defendants. We presume the parties’ familiarity with the 13 facts, the procedural history of the case, and the issues on 14 appeal. 15 Having reviewed plaintiff’s submissions and conducted 16 an independent review of the record, we find no reversible 17 error in the proceedings below. First, the magistrate judge 18 to whom the matter was referred for general pretrial

## 3 1 purposes did not abuse his discretion when managing the 2 discovery process and denying plaintiff’s motions for 3 appointment of counsel, recusal, and sanctions. Second, we 4 find no error in either (1) the district court’s denial of 5 plaintiff’s additional motions for appointment of counsel, 6 partial summary judgment, and recusal; or (2) its 7 evidentiary rulings and administration of the jury trial in 8 this matter. With specific reference to plaintiff’s 9 complaint that the version of Exhibit B received in evidence 10 at the trial differed from the photocopy he received during 11 discovery, the district court carefully examined the 12 disputed versions of Exhibit B and correctly found no 13 substantial difference between the two. Finally, to the 14 extent that plaintiff has challenged the merits of the 15 jury’s verdict in his briefing, we find his contentions in 16 that regard to be unsupported by the record and therefore 17 unavailing. 18 In sum, we have considered each of plaintiff’s 19 arguments and find them to be without merit. Accordingly, 20 the August 4, 2008 judgment of the district court is 21 AFFIRMED . 22 23 For the Court 24 Catherine O’Hagan Wolfe, Clerk 25 26 27