UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 97-51057
Summary Calendar
JUSTO GONZALEZ, JR.,
Plaintiff-Appellant,
VERSUS
U.S. DEPARTMENT OF ARMY; TOGO D. WEST, JR.,
Secretary of the Army,
Defendants-Appellees.
Appeal from the United States District Court
for the Western District of Texas
(EP-96-CV-466-F)
August 13, 1998
Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Justo Gonzalez, Jr. (Gonzalez) filed suit in federal court
against appellees, U.S. Department of the Army and Togo D. West,
Jr., Secretary of the Army (the Army), asserting that the Army
refused to promote him to Garrison Manager at Fort Bliss because of
sex and national origin discrimination. Gonzalez also alleged the
Army retaliated against him because he filed an EEO complaint
challenging the Army’s discriminatory failure to promote. Gonzalez
*
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this opinion should not be published and is not precedent except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.
moved for partial summary judgment on his discrimination claim on
October 10, 1997. The Army moved for summary judgment on
Gonzalez’s discrimination and retaliation claims on October 14,
1997. The district court denied Gonzalez’s motion for partial
summary judgment and granted the Army’s motion for summary judgment
on both of Gonzalez’s asserted causes of action on November 14,
1997. Gonzalez timely appealed.
We have carefully reviewed the briefs, the reply brief, the
record excerpt and relevant portions of the record itself. For the
reasons stated by the district court in its 31-page Order signed
under date of November 10, 1997 and filed under date of November
14, 1997, we AFFIRM the Final Judgment of the district court signed
under date of November 12, 1997 and filed under date of November
14, 1997.
AFFIRMED.
2