[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED

________________________ U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

September 2, 2005

No. 04-16112 THOMAS K. KAHN

Non-Argument Calendar CLERK

________________________

D. C. Docket No. 03-21156-CV-KMM CURTIS MIZELL,

Plaintiff-Appellant,

versus MIAMI-DADE COUNTY, FL,

Defendant-Appellee.

________________________

Appeal from the United States District Court

for the Southern District of Florida

_________________________

(September 2, 2005) Before TJOFLAT, HULL and WILSON, Circuit Judges. PER CURIAM:

This appeal challenges the district court’s decision granting appellee summary judgment on allegations that appellee discriminated against appellant because of his race and national origin in violation of Title VII of the Civil Rights Act of 1964, 42 § U.S.C. 2000e, et seq. Appellant raises one issue in his brief.

Whether the record, taken as a whole, and viewed in the light most

favorable to [appellant], could lead a reasonable factfinder to establish

that [appellant] was subjected to disparate treatment based on his race.

In its thoroughgoing dispositive order of October 22, 2004, the district court answered this question in the negative. We are convinced that the court got it right; there is nothing to send to a jury in this case. As the district court’s order explains, appellant failed to establish a prima facie case of racial discrimination. What is more, he failed to demonstrate that appellee’s reason for terminating his employment was a pretext for discrimination.

AFFIRMED.

2