Stephen Tapp v. Univ of TX Hlth Sciences Ctr, et al


UNPUBLISHED OPINION FILED. [12-20619 Affirmed ] Judge: TMR , Judge: JWE , Judge: JEG Mandate pull date is 09/03/2013 [12-20619]

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Stephen Tapp v. Univ of TX12-20619 Case: Hlth Sciences Ctr, et al Document: 00512340268 Page: 1 Date Filed: 08/13/2013 Doc. 512340268 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED August 13, 2013 No. 12-20619 Lyle W. Cayce Clerk STEPHEN TAPP, Plaintiff - Appellant v. UNIVERSITY OF TEXAS HEALTH SCIENCES CENTER AT HOUSTON SCHOOL OF DENTISTRY; JOHN A. VALENZA; J TAYLOR, Defendants - Appellees Appeal from the United States District Court for the Southern District of Texas USDC No. 4:11-CV-2971 Before REAVLEY, ELROD, and GRAVES, Circuit Judges. PER CURIAM:* With regard to Plaintiff’s claims under the Americans with Disabilities Act and the Rehabilitation Act, dismissal on the grounds that the claims were not timely filed is affirmed for essentially the reasons given by the district court in its Memorandum and Order filed December 19, 2011. With regard to Plaintiff’s 42 U.S.C. § 1983 claim, dismissal based on qualified immunity is affirmed for * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 12-20619 Document: 00512340268 Page: 2 Date Filed: 08/13/2013 No. 12-20619 essentially the reasons given by the district court in its Memorandum and Opinion filed August 6, 2012. AFFIRMED. 2

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