IN THE UNITED STATES COURT OF APPEAL

FOR THE FIFTH CIRCUIT

No. 01-20352

CHARLES GARCIA,

Plaintiff-Appellant,

VERSUS

FEDERAL EXPRESS CORPORATION,

Defendant-Appellee.

Appeal from the United States District Court for the Southern District of Texas No. H-99-CV-3153 February 15, 2002 Before SMITH and DeMOSS, Circuit Judges, VII that he was terminated due to racial and DUPLANTIER, District Judge,* discrimination (42 U.S.C. §2000e-2(a)(1)) and in retaliation for testifying against a superior as part of an internal investigation of a fellow PER CURIAM:** employee’s claim of racial discrimination (42 U.S.C. §2000e-3(a)). Additionally he appeals Charles Garcia appeals the order granting the grant by the district court of the motion by Federal Express Corporation, his employer, Federal Express for extension of the deadline summary judgment on his claims under Title for filing dispositive motions.

We have reviewed the briefs and applicable * District Judge of the Eastern District of portions of the record. We see no reversible Louisiana, sitting by designation. error; the judgment is AFFIRMED, primarily for the reasons given by the magistrate judge1 ** Pursuant to 5TH CIR. R. 47.5, the court in her Memorandum Order entered on March has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 1 The parties consented to proceed before a magistrate judge for all proceedings pursuant to

(c) and Fed. R. Civ. P. 73. 15, 2001.