Hernandez v. El Paso Comm

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-50320 Summary Calendar __________________ AGUSTIN HERNANDEZ, Plaintiff-Appellant, versus EL PASO COMMUNITY COLLEGE, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. EP-94-CV-248 - - - - - - - - - - January 18, 1996 Before GARWOOD, DAVIS and BENAVIDES, Circuit Judges. PER CURIAM:* Agustin Hernandez appeals from the district court's grant of summary judgment in favor of the El Paso Community College on claims of employment discrimination under Title VII of the Civil Rights Act and the Americans with Disabilities Act. Hernandez argues that, even though he did not file a charge with the Equal Employment Opportunity Commission within 300 days of the alleged discrimination, the district court erred in declining to apply * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 95-50320 -2- equitable tolling and to address the merits of his complaint. We have reviewed the record and the district court's opinion and find no reversible error. We affirm for essentially the reasons given by the district court. The motion for appointment of counsel on appeal is DENIED. AFFIRMED.