Pope v. CS Wireless Sys, Inc

*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opinion should not be published and is not precedent except under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.
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 00-50299
Summary Calendar
EDWIN POPE,
Plaintiff-Appellant,
VERSUS
CS WIRELESS SYSTEMS, INC.,
Defendant-Appellee.
Appeal from the United States District Court
For the Western District of Texas
(SA-98-CV-679-OG)
September 14, 2000
Before DAVIS, JONES, and DeMOSS, Circuit Judges.
PER CURIAM:*
In July 1998, Edwin Pope (“Pope”) sued his former employer, CS
Wireless Systems, Inc. (“CS Wireless”) claiming that he was
discriminated against because of his race, African-American, in
violation of Title VII of the Civil Rights Act of 1964, when his
employer eliminated his job position and terminated his employment

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in December 1996, and subjected him to an unlawful, hostile working
environment based on his race. In July 1999, after extensive
discovery, CS Wireless moved for summary judgment and the case was
referred to the United States Magistrate Judge for a report and
recommendation. In January 2000, the magistrate judge filed her
report and recommendation that summary judgment in favor of CS
Wireless be granted because there were no genuine issues of
material fact and defendant was entitled to judgment as a matter of
law. Pope filed objections to the report and recommendation and
the district court, after de novo review, entered an order
accepting the magistrate judge’s recommendation and granted summary
judgment in favor of CS Wireless. Pope timely appealed to this
Court.
We have carefully reviewed the briefs, the reply briefs, the
record excerpts and relevant portions of the record itself. For
the reasons stated by the magistrate judge in her report and
recommendation filed under date of January 24, 2000, which was
adopted and accepted by the district judge in his order accepting
magistrate judge’s recommendation filed March 10, 2000, we affirm
the order of the district court granting CS Wireless’ motion for
summary judgment.
AFFIRMED.

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