Carmena, et al v. Georgia-Pacific Corp

*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this opinion should not be published and is not precedent except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. 01-30883
_____________________
RICHARD CARMENA; CARL DILLON; JOHNNY HUGGINS,
Plaintiffs-Appellants,
versus
GEORGIA-PACIFIC CORPORATION,
Defendant-Appellee.
Appeal from the United States District Court
for the Middle District of Louisiana
(99-CV-5)
April 10, 2002
Before JOLLY, JONES, and BARKSDALE, Circuit Judges.
PER CURIAM:*
This action arises out of claimed race-based discrimination by
Georgia-Pacific Corporation, concerning Appellants not being
selected for promotion to higher-level, skilled jobs. Summary
judgment was awarded Georgia-Pacific. See Carmena v. Georgia-
Pacific Corp., No. 99-05-D (M.D. La. 26 June 2001); FED. R. CIV. P.
56.
No authority need be cited for the fact that review of a
summary judgment is de novo, with such judgment being proper if

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there are no genuine issues of material fact and if the movant
(Georgia-Pacific) is entitled to a judgment as a matter of law.
Along this line, the district court did not abuse its discretion by
not allowing Appellants additional discovery for use in opposing
summary judgment.
For purposes of our review, we assume arguendo that all of
Appellants’ claims were properly raised in district court and that
none are procedurally barred. In any event, as discussed in part
by the district court, we hold that the claims fail under theories
of disparate treatment and disparate impact. In short, summary
judgment was proper.
AFFIRMED

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