UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

DONNA HINES,

Plaintiff-Appellant,

v.

No. 96-1461

BALTIMORE GAS AND ELECTRIC

COMPANY,

Defendant-Appellee.

Appeal from the United States District Court

for the District of Maryland, at Greenbelt.

Edward S. Northrop, Senior District Judge.

(CA-95-187-N)

Submitted: January 6, 1998

Decided: January 29, 1998

Before WIDENER and MURNAGHAN, Circuit Judges, and

PHILLIPS, Senior Circuit Judge.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

Donna Hines, Appellant Pro Se. Laurie Richman Bortz, Luther Ellis

Justis, Jr., Mark Thomas Hackman, BALTIMORE GAS & ELECTRIC COMPANY, Baltimore, Maryland, for Appellee.

_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

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OPINION

PER CURIAM:

Appellant Hines appeals from the district court's order entering

judgment in favor of Baltimore Gas & Electric Company (BGE) in

this Title VII action. See 42 U.S.C.A. § 2000e-5(g) (West 1994 &

Supp. 1997). Appellant asserts eleven claims. Finding no reversible

error, we affirm.

First, Hines claims that the district court erred by granting BGE's

motion for summary judgment on her failure to promote claim.

Because Hines failed to exhaust the administrative remedies available

to her, she was procedurally barred from bringing this claim. See

Evans v. Technologies Applications & Serv. Co., 80 F.3d 954, 962-63

(4th Cir. 1996) ("The allegations contained in the administrative

charge of discrimination generally operate to limit the scope of any

subsequent judicial complaint."). Accordingly, the district court properly dismissed this claim.

Hines also claims that she was denied rights secured by the Family

and Medical Leave Act of 1993 (FMLA), 29 U.S.C.A.§§ 2601-2618

(West Supp. 1996), and therefore, the district court improperly dismissed this claim. Because Hines failed to state a viable claim under

the FMLA, the district court properly dismissed this claim. See

Goldberg v. B. Green & Co., 836 F.2d 845, 848 (4th Cir. 1988) (holding that a plaintiff's opinion that he was a victim of discrimination,

without more, is not enough to escape summary judgment).

Hines contends that the district court improperly ordered her to

refrain from introducing evidence regarding her FMLA claim, her

failure to promote claim, EEOC proceedings and documents, and

claims of assault and managerial disputes. Hines also asserts that the

court erroneously allowed BGE to introduce documents at trial that

were not timely produced. Because Hines has failed to demonstrate

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that she was prejudiced, that her substantial rights were affected, or

that the court abused its discretion, we find that the district court did

not err. See Redman v. John D. Brush & Co., 111 F.3d 1174, 1177

(4th Cir. 1997) (applying abuse of discretion standard); see also

Mullen v. Princess Anne Volunteer Fire Co., 853 F.2d 1130, 1135

(4th Cir. 1988).

Next, Hines suggests that the district court erred by granting BGE's

motion for a new trial. At the first trial, the judge inappropriately dismissed a juror. Consequently, the district court did not abuse its discretion by granting BGE's motion. See Fed. R. Civ. P. 47(c); see also

Freeman v. Case Corp., 118 F.3d 1011, 1014 (4th Cir. 1997)

(explaining that the district court's decision to grant a new trial is

reviewed for abuse of discretion).

Hines further asserts that the district court committed reversible

error by allowing BGE to submit supplemental jury instructions to the

jury and by providing the jury with an improper verdict form. First,

Hines has failed to demonstrate that the court lacked good cause to

submit these supplemental instructions. See United States v. United

Med. & Surgical Supply Co., 989 F.2d 1390, 1406-07 (4th Cir. 1993);

see also United States v. Horton, 921 F.2d 540, 546 (4th Cir. 1990)

(explaining that the decision to submit supplemental jury instructions

to the jury is within the sound discretion of the court). Moreover, the

record reveals that despite the fact that the court ordered Hines to submit a proposed verdict form, she never did. Therefore, these claims

are without merit.

Finally, Hines alleges that the district court erred when it commented on her attorney's closing statement and that the court acted in

a prejudicial and biased manner towards her and her attorney throughout the trial. Again, because Hines has not demonstrated that the

court's isolated statement was prejudicial or that the judge acted in an

unreasonable or unfair manner, there is no basis for reversal of the

judgment in this case.

We accordingly affirm the district court's order. 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

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