McClain v. Thorton Oil Company

*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opinion should not be published and is not precedent except under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. 00-50410
Summary Calendar
TONY LEE MCCLAIN,
Plaintiff-Appellant,
VERSUS
THORNTON OIL COMPANY,
Defendant-Appellee.
Appeal from the United States District Court
For the Western District of Texas
(SA-98-CV-909-OLG)
February 5, 2001
Before DAVIS, JONES, and DeMOSS, Circuit Judges.
PER CURIAM:*
Tony L. McClain (hereinafter “McClain”) filed suit pro se
against his former employer, Thornton Oil Company (hereinafter
“Thornton”), in the federal District Court for the Western District
of Texas alleging that he was terminated from his employment
because of his race (black) and that he was racially harassed
during his employment. Thornton answered and alleged that McClain

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was terminated because of a $200 shortage in his cash register
which occurred one month after he was initially employed by
Thornton. Thornton moved for summary judgment and the district
court referred the matter to the magistrate judge for a report and
recommendation. The magistrate judge conducted a summary judgment
hearing and recommended that the motion of Thornton for summary
judgment be granted. McClain filed objections thereto and the
district judge made a de novo review of the magistrate judge’s
report and recommendations and McClain’s objections thereto. The
district judge determined to adopt the recommendations of the
magistrate judge and entered summary judgment in favor of Thornton.
McClain appealed.
We have carefully reviewed the briefs, the reply brief, the
record excerpts and relevant portions of the record itself. We
affirm the judgment of the district court which grants summary
judgment in favor of Thornton.
AFFIRMED.

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