Judy A. MOODY, Appellant, v. COLSON CASTER CORPORATION, Appellee, 172 F. App'x 705

PER CURIAM. Judy Moody appeals from the decision of the District Court granting

summary judgment to Colson Castor Corporation and denying partial

summary judgment to Moody on Moody’s claim for relief under the Family and Medical Leave Act (FMLA). Moody was discharged from her employment with Colson in January 2003 for excessive absenteeism. Moody contends that two of her absences qualified as FMLA leave. If those absences had been so treated, she would not have been terminated. The District Court determined from undisputed facts that Moody expressly declined FMLA leave for the first absence and that she did not give the required notice of the need for FMLA leave for the second absence.

Upon de novo review, we see no genuine issue of material fact and agree that Colson is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(c). The judgment of the District Court is affirmed. . The Honorable J. Leon Holmes, United States District Judge for the Eastern District of Arkansas. . Moody has not appealed the

summary judgment granted to Colson on her claim under the Americans with Disabilities Act.