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00-31224•Muzzi v. Cimarron, et al
*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opinion should not be published and is not precedent except under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. 00-31224
Summary Calendar
RICHARD MUZZI,
Plaintiff-Appellant,
VERSUS
CIMARRON; DYNMCDERMOTT,
Defendants-Appellees.
Appeal from the United States District Court
For the Eastern District of Louisiana
(99-CV-2795-D)
March 13, 2001
Before DAVIS, JONES, and DeMOSS, Circuit Judges.
PER CURIAM:*
Richard Muzzi, acting pro se, filed suit against his former
employer, Cimarron Software Services, Inc., and against
DynMcDermott Petroleum Operations Company for whom Cimarron was
acting as a subcontractor. Muzzi alleged that he was moved from a
salaried position to an hourly-rate employee because he suffered
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from autism, in violation of Americans With Disabilities Act.
However, Muzzi never advised his supervisor at Cimarron nor any
other employees that he was suffering from autism or any other
disability. Rather, since Muzzi was arriving late and departing
early regularly and was taking extra-long lunch hours on a frequent
basis, Cimarron decided to move him to an hourly employee and
retain his services. Shortly thereafter, Muzzi wrote a rambling,
somewhat incoherent and threatening letter to his supervisor and he
was discharged.
Cimarron and DynMcDermott moved for summary judgment which the
district court (Judge A. J. McNamara, presiding) granted. Muzzi
appealed.
We have carefully reviewed the briefs, the reply brief, the
record excerpts, and relevant portions of the record itself. For
the reasons stated by the district judge in his Order filed under
date of September 25, 2000, we affirm the grant of summary judgment
in favor of defendants.
AFFIRMED.
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