Jones v. George Cty Sch Dist

Filing 920070622

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _______________________ No. 06-60448 Summary Calendar _______________________ LARRY L. JONES, Plaintiff-Appellant, versus GEORGE COUNTY SCHOOL DISTRICT, Defendant-Appellee. On Appeal from the United States District Court for the Southern District of Mississippi No. 1:03-CV-861 Before JONES, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges. PER CURIAM:* Larry L. Jones appeals the jury verdict in favor of George County School District in this Title VII racial June 22, 2007 Charles R. Fulbruge III Clerk

discrimination case.

Although he never moved for judgment as a

matter of law, either before or after the jury verdict, Jones contends that this court should review the sufficiency of the evidence. See FED. R. CIV. P. 50. However, the Supreme Court has

held that this court cannot review the sufficiency of the evidence unless a Rule 50 motion is made both before and after the trial.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

*

See Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc., 546 U.S. 394, --,126 S. Ct. 980, 989 (2006); see also Hodges v. Mack Trucks, Inc., 474 F.3d 188, 195 (5th Cir. 2006). Accordingly, Jones's

failure to present a post-verdict Rule 50(b) motion precludes appellate review of the sufficiency of the evidence. AFFIRMED.

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