Reed v. Lowe's Home Ctr Inc

U.S. Court of Appeals for the Fifth Circuit

Reed v. Lowe's Home Ctr Inc

Opinion

United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS February 9, 2004

FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 03-41132 Summary Calendar

MICHELLE REED,

Plaintiff-Appellant,

v.

LOWE’S HOME CENTERS INC.; ET AL.,

Defendants,

LOWE’S HOME CENTERS INC.,

Defendant-Appellee.

Appeal from the United States District Court for the Eastern District of Texas, Beaumont 1:02-CV-475

Before JONES, BENAVIDES and CLEMENT, Circuit Judges.

PER CURIAM:*

Plaintiff-appellant Michelle Reed (Reed) appeals from a

summary judgment dismissing her claims against Defendant-appellee,

Lowe’s Home Centers, Inc., alleging employment discrimination and

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. also claims of intentional infliction of emotional distress under

Texas state law. Our de novo review of the record leads to the

inescapable conclusion that Reed failed to establish a prima facie

case of discrimination and that her proof and allegations with

respect to her state law tort claim cannot survive summary

judgment. The judgment of the district court is affirmed

essentially for the reasons stated in the district court’s order

dated July 16, 2003.

AFFIRMED

2

Reference

Status
Unpublished