Case: 17-50456 Document: 00514273716 Page: 1 Date Filed: 12/14/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 17-50456
Fifth Circuit
FILED
Summary Calendar December 14, 2017
Lyle W. Cayce
JEFF W. COX, Clerk
Plaintiff - Appellant
v.
FULL SERVICE AUTO PARTS, INCORPORATED,
Defendant - Appellee
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:16-CV-678
Before REAVLEY, PRADO, and GRAVES, Circuit Judges.
PER CURIAM:*
The judgment of the district court is affirmed because the record will not
support a claim for relief. The Plaintiff brought a lawsuit against the
Defendant in 2013, claiming discrimination of age and disability and because
of retaliation for exercising his rights under the Family and Medical Leave Act,
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 17-50456 Document: 00514273716 Page: 2 Date Filed: 12/14/2017
No. 17-50456
he suffered a demotion in employment without receiving reasonable
accommodation.
Plaintiff testified that he had suffered a heart attack in 2012 and
admitted that he had been completely unable to work and would never be able
to work in any capacity. Summary Judgment was entered against Plaintiff on
July 9, 2015. Plaintiff did not appeal but this new lawsuit was filed the
following year alleging the very same legal claims. His distinction is that the
first claim was about a demotion and now it is about his removal from
employment rolls by Defendant in 2015.
With his own testimony and the claims rejected by the prior judgment,
he has no legal claim standing.
AFFIRMED.
2