Opinion

Omar Brown v. Federal Express Corporation

Court
Court of Appeals for the Fifth Circuit
Filed
Oct 24, 2019
Status
Unpublished
Nature of suit
Civil Rights
Cited by
0 cases

The opinion

Case: 19-10381 Document: 00515172123 Page: 1 Date Filed: 10/24/2019

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

United States Court of Appeals

No. 19-10381

Fifth Circuit

Summary Calendar FILED

October 24, 2019

Lyle W. Cayce

OMAR A. BROWN, Clerk

Plaintiff-Appellant

v.

FEDERAL EXPRESS CORPORATION,

Defendant-Appellee

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:16-CV-1456

Before WIENER, HAYNES, and COSTA, Circuit Judges.

PER CURIAM:*

Plaintiff-Appellant Omar A. Brown, a former long-time employee of

Defendant-Appellee Federal Express Corporation (“FedEx”), filed this

employment discrimination lawsuit grounded in his failure to be awarded a

promotion to a position for which he and other employees had applied. FedEx

filed a motion for summary judgment seeking dismissal of Brown’s lawsuit.

The district court referred the matter to a magistrate judge who considered the

* 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: 19-10381 Document: 00515172123 Page: 2 Date Filed: 10/24/2019

No. 19-10381

filings and evidence submitted by both parties, then prepared and filed a 22-

page Findings, Conclusions, and Recommendation, exhaustively considering

the factual allegations and the law applicable to Brown’s complaint. Shortly

after receipt of the magistrate judge’s filing, the district court issued an Order

granting FedEx’s Motion for Summary Judgment. On the same day, the court

issued its Final Judgment, dismissing all of Brown’s claims with prejudice.

We have now considered the record on appeal, including without

limitation the briefs of the parties and the exhaustive report and

recommendation of the magistrate judge. Like the district court before us, we

are convinced that the magistrate judge’s recommendation to grant FedEx’s

Motion for Summary Judgment of Dismissal is correct in light of the alleged

facts and the applicable law. We therefore affirm the district court’s dismissal

of Brown’s claims with prejudice.

AFFIRMED.

2

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