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

FILED January 5, 2009

No. 08-30342 Charles R. Fulbruge III Summary Calendar Clerk

JAMES L STROUP

Plaintiff-Appellant v.

MICHAEL J ASTRUE, COMMISSIONER OF SOCIAL SECURITY

Defendant-Appellee

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:05-cv-5214

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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