United States Court of Appeals
Fifth Circuit
F I L E D
August 1, 2003
In the
Charles R. Fulbruge III
Clerk
United States Court of Appeals
for the Fifth Circuit
_______________
m 03-50047
Summary Calendar
_______________
MILDRED BUTLER,
Plaintiff-Appellant,
VERSUS
DONALD H. RUMSFELD,
SECRETARY, DEPARTMENT OF DEFENSE,
Defendant-Appellee.
_________________________
Appeal from the United States District Court
for the Western District of Texas
m W-02-CV-134
_________________________
Before JOLLY, HIGGINBOTHAM, and SMITH, Mildred Butler appeals the dismissal of her
Circuit Judges. suit brought under title VII and the Age Dis-
PER CURIAM:*
(...continued)
determined that this opinion should not be pub-
*
Pursuant to 5TH CIR. R. 47.5, the court has lished and is not precedent except under the limited
(continued...) circumstances set forth in 5TH CIR. R. 47.5.4.
crimination in Employment Act of 1967. The
district court explained its reasons for dis-
missal in a comprehensive memorandum opin-
ion and order filed November 4, 2002, and
entered the next day.
The district court opined that this action is
barred by res judicata. We agree. As the
district court noted, “No matter how Plaintiff
may wish to characterize the current case, she
is still essentially alleging that she was dis-
criminated against because of her age, race,
and prior complaints.” In Butler’s earlier ac-
tion, the district court ruled that her dismissal
was the result of poor performance, not dis-
crimination; this court affirmed, and warned of
sanctions if the litigation was further pro-
tracted.
AFFIRMED.
2