UNITED STATES COURT OF APPEALS For the Fifth Circuit

No. 96-10962 Summary Calendar

VANESSA CLEMONS

Plaintiff-Appellant,

VERSUS

TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES, ET AL

Defendants,

TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES

Defendant-Appellee.

Appeal from the United States District Court For the Northern District of Texas

(4:94-CV-695-E)

January 23, 1997 Before SMITH, DUHÉ and BARKSDALE, Circuit Judges.

PER CURIAM:1

Clemons appeals the summary judgment dismissal of her claim

against her employer, Texas Department of Protective and Regulatory

1 Pursuant to Local Rule 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. Services, that her dismissal was racially motivated.2 She brought

her claims under Title VII and

. The district

court ruled that Appellant had not created an issue of fact that

her dismissal was race related. Our review of the briefs and

record convince us that the district court did not err.

Even though we view the evidence and its reasonable

inferences in the light most favorable to Appellant, she has

created no issue of fact as to her prima facie case. Her dismissal

was based on an alleged violation of work rules. Appellant admits

that she did violate the rules and produces no evidence sufficient

to create a fact issue that white employees who violated work rules

were treated differently than she.

As an alternative to creating a prima facie case as to the

termination itself, Appellant argues that prior disciplinary

actions against her were the result of discriminatory action and

intent by her prior supervisor. That supervisor, however, had no

voice in Appellant’s termination so this would normally be

irrelevant. However those prior actions were considered in the

termination so their motivation could be germane. While Appellant

argues that in these prior incidents she was treated differently

than whites, she offers no credible and probative evidence of this.

AFFIRMED.

2 She appealed her dismissal through administrative procedures with her employer which resulted in her reinstatement without loss of pay or seniority.

2 3