IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED December 11, 2007

No. 06-41342 Charles R. Fulbruge III Clerk

JOE CATENAZZO

Plaintiff–Appellee v.

TEXAS DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES formerly known as Texas Rehabilitation Commission

Defendant–Appellant

Appeal from the United States District Court for the Southern District of Texas No. 2:04-CV-447

Before DAVIS, STEWART, and OWEN, Circuit Judges. PER CURIAM:* AFFIRMED. See 5TH CIR. R. 47.6.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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