IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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m 99-30728
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VERNIE A. MCGEE,
Plaintiff-Appellant,
VERSUS
STATE OF LOUISIANA,
THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT,
Defendant-Appellee.
_________________________
Appeal from the United States District Court
for the Middle District of Louisiana
6:95-CV-930
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March 29, 2000
Before DAVIS, CYNTHIA HOLCOMB questionnaire was adequate to constitute filing
HALL,* and SMITH, Circuit Judges. and to meet the 300-day requirement, but only
as to the second denial of promotion. This is
PER CURIAM:** of no benefit to McGee, however, because, on
the merits of the claim, there is absolutely
Vernie McGee sued his employer under nothing in the record to indicate that racial
title VII. The district court held that McGee’s animus or discrimination played any part in
claims were not timely filed with the Equal McGee’s circumstance on the job.
Employment Opportunity Commission.
We can affirm on any ground that appears
We have reviewed the briefs and pertinent in the record. See Johnson v. Sawyer,
portions of the record and have heard oral 120 F.3d 1307, 1316 (5th Cir. 1997). McGee
argument. We conclude that the charge presents no credible evidenceSSbeyond his
bare and unsupported assertionSSthat he was
denied promotion because of race, and
*
Circuit Judge of the Ninth Circuit, sitting by defendant has presented persuasive,
designation. nondiscriminatory grounds for selecting two
other persons who were better qualified.
**
Pursuant to 5TH CIR. R. 47.5, the court has McGee does not respond with evidence or
determined that this opinion should not be published argument of pretext.
and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
AFFIRMED.
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