Case: 10-10683 Document: 00511476167 Page: 1 Date Filed: 05/12/2011

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED May 12, 2011 No. 10-10683 Lyle W. Cayce Clerk NICHOLAS WIGGS, Plaintiff - Appellant v. HOME DEPOT USA INC., doing business as The Home Depot, Defendant - Appellee

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:08-CV-356

Before JONES, Chief Judge, and KING and BARKSDALE, Circuit Judges.

PER CURIAM:* This court has considered this appeal on the basis of the briefs, oral argument, and pertinent portions of the record. Having done so, we find no reversible error of fact or law and affirm for essentially the reasons stated by the district court.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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