UNITED STATES COURT OF APPEALS For the Fifth Circuit

No. 00-60777

PAUL E. ROGERS,

Plaintiff-Counter Defendant-Appellant,

VERSUS

MADISON COUNTY SCHOOL DISTRICT,

Defendant-Counter Claimant-Appellee,

VERSUS

N R, By and Through His Father and Next Friend, Paul Rogers,

Counter Defendant-Appellant.

Appeal from the United States District Court For the Southern District of Mississippi 3:98-CV-505 LN _______________________________________ November 28, 2001

Before KING, Chief Judge, DAVIS, Circuit Judge, and VANCE,* District Judge.

* District Judge of the Eastern District of Louisiana, sitting by designation. PER CURIAM:**

After reviewing the record and considering the briefs and

argument of the parties, we affirm the judgment of the district

court for the following reasons:

1. We are satisfied that the district judge did not abuse his

discretion in declining to recuse himself.

2. Essentially for the reasons stated by the district court

in its Memorandum Opinion and Order of September 21, 2000, the

district court correctly granted summary judgment for the Madison

County School District and denied plaintiff’s request for

attorney’s fees.

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** Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

2