IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _______________ m 00-60424 Summary Calendar _______________

DONALD I. COOLEY, Plaintiff-Appellant, VERSUS MISSISSIPPI DEPARTMENT OF TRANSPORTATION, Defendant-Appellee.

_________________________ Appeal from the United States District Court for the Southern District of Mississippi (3:99-CV-799) _________________________ April 26, 2001

Before SMITH, BENAVIDES, and whether the Americans with Disabilities Act DENNIS, Circuit Judges. contains a valid congressional abrogation of Eleventh Amendment immunity. The district PER CURIAM:* court held that there is no abrogation. The Supreme Court has now so held. Board of The parties agree that the sole issue is Trustees of Univ. of Ala., 121 S. Ct. 955 (2001).

* AFFIRMED.

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.