DeLeon v. Harlingen Con Indep, 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opinion should not be published and is not precedent except under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. 99-41040
Summary Calendar
ELVIA DELEON,
Plaintiff-Appellant,
VERSUS
HARLINGEN CONSOLIDATED INDEPENDENT SCHOOL DISTRICT;
SAN BENITO CONSOLIDATED INDEPENDENT SCHOOL DISTRICT;
JOSE ANTONIO GONZALEZ, Individually and in his official
capacity as Superintendent of Schools of San Benito
Consolidated Independent School District,
Defendants-Appellees.
Appeal from the United States District Court
For the Southern District of Texas
(B-98-CV-72)
July 14, 2000
Before HIGGINBOTHAM, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Elvia DeLeon sued Harlingen Consolidated Independent School
District ("HCISD") and San Benito Consolidated Independent School
District ("SBCISD") and Jose Antonio Gonzalez ("Gonzalez")

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individually, in state district court in Cameron County, Texas, in
November 1997, alleging breach of contract and civil conspiracy to
deprive her of a teaching position under state and federal statutes
and the Constitution. DeLeon asserts that she entered a teaching
contract with SBCISD in July 1995, which was subsequently canceled
in August 1995 by Gonzalez because he learned from sources at HCISD
that DeLeon had trouble with students when she was teaching at
HCISD. The case was removed to Federal District Court in
Brownsville on federal question jurisdiction and the district judge
referred the matter to the magistrate judge for report and
recommendation. Defendant moved for summary judgment on various
grounds and the magistrate judge recommended granting summary
judgment on statute of limitations and failure of DeLeon to prove
existence of any contract with SBCISD. The district judge, after
de novo review, adopted the report of the magistrate judge and
granted summary judgment in favor of all defendants against DeLeon.
DeLeon timely appeals to this Court.
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 magistrate judge in his Report and
Recommendation filed under date of June 22, 1999, we AFFIRM the
Order and Final Judgment entered herein on July 26, 1999.
AFFIRMED.

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