DeCato v. Northeast Medical Center Hospital

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS May 23, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk _____________________ No. 06-20833 Summary Calendar _____________________ DEBRA DECATO, Plaintiff-Appellant, versus NORTHEAST MEDICAL CENTER HOSPITAL, Defendant-Appellee. __________________________________________________ Appeal from the United States District Court for the Southern District of Texas, Houston USDC No. 4:05-CV-449 __________________________________________________ Before REAVLEY, GARZA and BENAVIDES, Circuit Judges. PER CURIAM:* The judgment of the Magistrate Judge is affirmed for the reasons stated in his opinion dated August 15, 2006. The appellant was terminated after her * 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. medical leave had terminated because she was insubordinate and failed to report for surgical duty on January 4, 2005. There is no evidence in this record that this reason for her discharge was only pretexual. AFFIRMED. 2