UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 98-50969
Summary Calendar
_____________________
WILLIAM S. HOLLOWAY,
Plaintiff-Appellant,
versus
C. MASSEY,
Defendant-Appellee.
_________________________________________________________________
Appeal from the United States District Court
for the Western District of Texas
(SA-96-CV-889)
_________________________________________________________________
June 10, 1999
Before POLITZ, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
William S. Holloway, now Texas prisoner # 364198, appeals pro
se the adverse summary judgment in his action against C. Massey
brought under the Fair Labor Standards Act.
As is more than well-established, we review a summary judgment
de novo, applying the same standard as the district court. E.g.,
OHM Remediation Services v. Evans Cooperage Co., Inc., 116 F.3d
1574, 1579 (5th Cir. 1997). Such judgment is appropriate where
“there is no genuine issue as to any material fact and ... the
moving party is entitled to a judgment as a matter of law." FED. R.
CIV. P. 56(c).
*
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this opinion should not be published and is not precedent except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.
The parties consented to proceeding before the magistrate
judge. Holloway contends primarily that the court erred in holding
that he was not an employee of Massey for FLSA purposes. He may
also be asserting a state law claim for unpaid wages. In any
event, and pursuant to our review of the record, we affirm for
essentially the reasons stated by the district court. Holloway v.
Massey, No. SA-96-CA-889-PMA (W.D. Tex. Sept. 25, 1998).
AFFIRMED
- 2 -