Shiimi v. Hearne Indep School

*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not be published and is not precedent except under the limited circumstances set forth in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
Fifth Circuit
F I L E D
March 7, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-50784
Summary Calendar
HERMUNTH SHIIMI
Plaintiff-Appellant,
versus
HEARNE INDEPENDENT SCHOOL DISTRICT
Defendant-Appellee.
Appeal from the United States District Court for
the Western District of Texas
(USDC No. 6:03-cv-416)
_________________________________________________________
Before REAVLEY, JOLLY, and OWEN, Circuit Judges.
PER CURIAM:*1
We affirm for the following reasons:
1. Because Shiimi has withdrawn his motion to proceed in forma pauperis, Hearne
ISD’s motion to oppose the same is moot.

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2. Shiimi only appeals that part of the magistrate’s order concluding that he failed to
make out his prima facie case of race discrimination. “While the fact that one’s
replacement is of another national origin ‘may help to raise an inference of
discrimination, it is neither a sufficient nor a necessary condition.’” Nieto v. L&H
Packing Co., 108 F.3d 621, 624 n.7 (5th Cir. 1997). The fact that Shiimi was
replaced by another person of the same race does not, in and of itself,
negate the possibility that Hearne ISD had animus towards people from
Namibia or other native Africans. However, Shiimi does not expound on this
alleged national origin bias in any way other than his belief that such bias
exists.
Affirmed.

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