IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT _______________

m 99-30728 _______________

VERNIE A. MCGEE, Plaintiff-Appellant, VERSUS

STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT,

Defendant-Appellee.

_________________________

Appeal from the United States District Court for the Middle District of Louisiana 6:95-CV-930 _________________________

March 29, 2000

Before DAVIS, CYNTHIA HOLCOMB questionnaire was adequate to constitute filing HALL,* and SMITH, Circuit Judges. and to meet the 300-day requirement, but only as to the second denial of promotion. This is PER CURIAM:** of no benefit to McGee, however, because, on the merits of the claim, there is absolutely Vernie McGee sued his employer under nothing in the record to indicate that racial title VII. The district court held that McGee’s animus or discrimination played any part in claims were not timely filed with the Equal McGee’s circumstance on the job. Employment Opportunity Commission. We can affirm on any ground that appears We have reviewed the briefs and pertinent in the record. See Johnson v. Sawyer, portions of the record and have heard oral

(5th Cir. 1997). McGee argument. We conclude that the charge presents no credible evidenceSSbeyond his bare and unsupported assertionSSthat he was denied promotion because of race, and * Circuit Judge of the Ninth Circuit, sitting by defendant has presented persuasive, designation. nondiscriminatory grounds for selecting two other persons who were better qualified. ** Pursuant to 5TH CIR. R. 47.5, the court has McGee does not respond with evidence or determined that this opinion should not be published argument of pretext. and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. AFFIRMED.

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