Summary Calendar LON E. GRINAGE v. William S. Cohen; Defense Logistics Agency

*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this opinion should not be published and is not precedent except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
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No. 01-50694
Summary Calendar
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LON E. GRINAGE,
Plaintiff-Appellant,
v.
WILLIAM S. COHEN; DEFENSE LOGISTICS AGENCY,
Defendants-Appellees.
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Appeal from the United States District Court for the
Western District of Texas, San Antonio
SA-00-CV-653
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February 15, 2002
Before DAVIS, BENAVIDES and STEWART, Circuit Judges.
PER CURIAM:*
Lon E. Grinage, a former employee of the Department of
Defense, appeals from an adverse summary judgment dismissing his
employment discrimination complaint brought against the Secretary
of Defense and the Defense Logistics Agency. Our de novo review of
the record and pleadings before the district court convinces us
that the district court correctly determined that Grinage failed to

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timely exhaust his administrative remedies. To the extent that
Grinage attempts to present new evidence or arguments not presented
before the court below, they are not considered on this appeal.
The judgment of the district court is affirmed essentially for the
reasons set forth in the magistrate’s report and recommendation
which was accepted and adopted by the district court in its order
granting summary judgment. The appellant’s motion for appointment
of counsel is denied.
JUDGMENT AFFIRMED; MOTION FOR COUNSEL DENIED

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