Leroy Hubert v. City of Baton Rouge


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Leroy Hubert v. City of Baton Rouge Doc. 0 Case: 09-31187 Document: 00511187613 Page: 1 Date Filed: 07/28/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED N o . 09-31187 S u m m a r y Calendar July 28, 2010 Lyle W. Cayce Clerk L E R O Y HUBERT, P la in t if f -A p p e lla n t , versu s C I T Y OF BATON ROUGE / PARISH OF EAST BATON ROUGE, D E P A R T M E N T OF PUBLIC WORK, D e fe n d a n t -A p p e lle e . A p p e a l from the United States District Court fo r the Middle District of Louisiana N o . 3:08-CV-515 B e fo r e DAVIS, SMITH, and DENNIS, Circuit Judges. P E R CURIAM:* L e r o y Hubert sued his employer, the City of Baton Rouge, under title VII 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Dockets.Justia.com Case: 09-31187 Document: 00511187613 Page: 2 No. 09-31187 Date Filed: 07/28/2010 o f the Civil Rights Act of 1964, claiming employment discrimination and retaliat io n on account of his failure to get a promotion. The district court granted summ a r y judgment for the city. The district court pointed out that the person who got the promotion was b la c k , as is Hubert. The successful candidate was ranked first by the staff, was m o r e experienced, and was the only candidate who met the educational requirem e n ts for the job. O n appeal, Hubert tenders only a five-page brief. The first issue he raises is that there are genuine fact issues that should preclude summary judgment. Hubert does not state what the contested facts are. The second issue is that the district court abused its discretion in denying H u b e r t 's motion to alter or amend the judgment. That motion, however, was acc o m p a n ie d by an affidavit that did not raise a fact issue with regard to the relat iv e qualifications of Hubert and the successful candidate. Moreover, Hubert f i le d no opposition to the motion for summary judgment, waiting until it had b e e n granted before filing his affidavit along with the motion to alter or amend. T h is appeal is without merit, and the judgment is AFFIRMED. 2

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