* This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and collateral estoppel. The court

generally disfavors the citation of orders and judgments; nevertheless, an order

and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3. 

UNITED STATES COURT OF APPEALS

Filed 8/23/96

FOR THE TENTH CIRCUIT

WALTER WRIGHT,

Plaintiff-Appellant,

v.

STATE FARM MUTUAL

AUTOMOBILE INSURANCE

COMPANY, STATE FARM LIFE

INSURANCE COMPANY, INC.,

STATE FARM FIRE AND

CASUALTY COMPANY, STATE

FARM GENERAL INSURANCE

COMPANY,

Defendants-Appellees.

No. 96-3014

(D.C. No. 94-2401-GTV)

(D. Kan.)

ORDER AND JUDGMENT*

Before ANDERSON, LOGAN, and MURPHY, Circuit Judges.
-2-

After examining the briefs and appellate record, this panel has determined

unanimously that oral argument would not materially assist the determination of

this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore

ordered submitted without oral argument.

Plaintiff commenced an action against defendants alleging race

discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.

§§ 2000e-2000e-17, race discrimination in violation of 42 U.S.C. § 1981,

intentional infliction of emotional distress, negligent infliction of emotional

distress, and breach of contract. The district court granted summary judgment in

favor of defendants. Plaintiff appealed. 

He first argues on appeal that because, as a pro se litigant, he did not know

the proper procedures for responding to defendants’ summary judgment motion,

the district court should have held a jury trial. This argument is without merit, as

it is settled in this circuit that pro se litigants are required to follow the Federal

Rules of Civil Procedure. See Bradenburg v. Beaman, 632 F.2d 120, 122 (10th

Cir. 1980), cert. denied, 450 U.S. 984 (1981). 

Plaintiff next argues that the district court improperly granted summary

judgment because there was no factual evidence to support summary judgment

and the case should have been tried to a jury. Plaintiff believes that the district
-3-

court did not look at the facts he presented and that defendants’ evidence was

false. 

We review the grant or denial of summary judgment de novo,

applying the same legal standard used by the district court pursuant

to Fed. R. Civ. P. 56(c). Summary judgment is appropriate if the

pleadings, depositions, answers to interrogatories, and admissions on

file, together with the affidavits, if any, show that there is no genuine

issue as to any material fact and that the moving party is entitled to

judgment as a matter of law. When applying this standard, we

examine the factual record and reasonable inferences therefrom in

the light most favorable to the party opposing summary judgment. If

there is no genuine issue of material fact in dispute, then we next

determine if the substantive law was correctly applied by the district

court. 

While the movant bears the burden of showing the absence of a

genuine issue of material fact, the movant need not negate the nonmovant’s claim, but need only point to an absence of evidence to

support the non-movant’s claim. If the movant carries this initial

burden, the non-movant may not rest upon [his] pleadings, but must

set forth specific facts showing a genuine issue for trial as to those

dispositive matters for which [he] carries the burden of proof. An

issue of material fact is genuine if a reasonable jury could return a

verdict for the non-movant. 

Wolf v. Prudential Ins. Co., 50 F.3d 793, 796 (10th Cir. 1995)(citations and

quotations omitted). Also, in reviewing a ruling on summary judgment, we will

not consider evidence not before the district court. John Hancock Mut. Life Ins.

Co. v. Weisman, 27 F.3d 500, 506 (10th Cir. 1994). 

After examining the briefs and record on appeal, we conclude the district

court correctly granted summary judgment in favor of defendants. We uphold the

grant of summary judgment for substantially the reasons stated by the district
-4-

court in its thorough twenty-seven page memorandum and order filed

December 14, 1995. 

The judgment of the United States District Court for the District of Kansas

is AFFIRMED. Defendants’ motion to strike the portions of plaintiff’s brief that

rely on matters not before the district court and to strike the exhibits attached to

his brief that were not before the district court is GRANTED. See Aero-Medical,

Inc. v. United States, 23 F.3d 328, 329 n.2 (10th Cir. 1994)(court of appeals will

not review evidence not before district court). Defendants’ motion to supplement

the record on appeal with the exhibits to their motion for summary judgment,

which was provisionally granted but deferred to this panel for final determination,

is GRANTED. Plaintiff’s request for oral argument is DENIED. The mandate

shall issue forthwith. 

Entered for the Court

Stephen H. Anderson

Circuit Judge