Simmons v. Univ of So MS

U.S. Court of Appeals for the Fifth Circuit

Simmons v. Univ of So MS

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-60224 Summary Calendar __________________

GREG DANIEL SIMMONS,

Plaintiff-Appellant,

versus

UNIVERSITY OF SOUTHERN MISSISSIPPI; VERNETTA P. FAIRLEY,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Mississippi USDC No. 2:93-CV-148 - - - - - - - - - - December 1, 1995 Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.

PER CURIAM:*

Greg Daniel Simmons appeals from the district court's order

dismissing his complaint with prejudice. He argues that he

presented sufficient evidence of discrimination, that the

defendants failed to accommodate his disability, and that the

district court erred in granting the defendants' motion to quash

his subpoenas duces tecum. Our review of the record reveals that

the evidence amply supports the district court's findings that

* Local Rule 47.5 provides: "The publication of opinions that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published. Simmons was discharged because he made excessive errors and not

for any discriminatory reason. Those findings are not clearly

erroneous. We also conclude that the district court did not

abuse its discretion in granting the defendants' motion to

suppress.

AFFIRMED.

Reference

Status
Unpublished