King v. Nacogdoches Indep, No. 08-40745 (5th Cir. 2008)

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED December 3, 2008 No. 08-40745 Summary Calendar Charles R. Fulbruge III Clerk Charles L. King Plaintiff-Appellant v. Nacogdoches Independent School District Defendant-Appellee Appeal from the United States District Court for the Eastern District of Texas (07-CV-179) Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges. PER CURIAM:* This is a race and age discrimination case.1 The plaintiff-appellant is a 58year-old African-American who despite his good credentials and experience * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. 1 Appellant s brief on appeal appears only to challenge the rulings made under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. Further, he leaves unchallenged the appellee s argument that his 42 U.S.C. § 1981 claim is jurisdictionally defective. In any case, we need not parse these issues because none could disturb our disposition of this appeal. No. 08-40745 working for NISD in the early 1990s was unable to convince it to hire him again in 2003 or 2004. The district court granted summary judgment to the defendant on July 16, 2008 (due to a factual issue that was corrected on the prompting of the defendant, it issued an amended order of summary judgment the next day). The appellant-plaintiff s brief offers no meaningful challenge to the district court s memorandum in support of its grant of summary judgment. He has raised no genuine issue as to any material fact, and therefore the judgment of the district court is AFFIRMED. 2

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