Case: 12-14587 Date Filed: 05/29/2013 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-14587 ________________________ D.C. Docket No. 3:09-cv-00122-TCB

JIMMY CLEMENTS, Plaintiff - Appellant, versus

CSX TRANSPORTATION, INC., Defendant - Appellee.

________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (May 29, 2013) Before BARKETT and MARCUS, Circuit Judges, and CONWAY, * District Judge.

PER CURIAM: * Honorable Anne C. Conway, Chief Judge, United States District Court for the Middle District of Florida, sitting by designation.

Case: 12-14587 Date Filed: 05/29/2013 Page: 2 of 2

Jimmy Clements appeals from the denial of his motion for a new trial pursuant to Federal Rule of Civil Procedure 59(a) and alternatively for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50(a) following a jury verdict and final judgment for defendant, CSX Transportation, Inc. on Clements’ negligence action brought under the Federal Employer’s Liability Act, 45 U.S.C. § 51, et seq. The jury verdict in this case forecloses each claim raised on appeal by Mr. Clements. Accordingly, the district court judgment is AFFIRMED.