Banda v. Federal Express 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that this opinion should not be published and is not precedent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
Fifth Circuit
F I L E D
October 7, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-20182
Summary Calendar
MARTIN BANDA,
Plaintiff-Appellant,
versus
FEDERAL EXPRESS CORPORATION, INC.
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
Houston Division
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(USDC No. 4:02-CV-1626)
Before JONES, WIENER, and DeMOSS, Circuit Judges.
PER CURIAM:*
On May 8, 2002, Martin Banda (“Plaintiff”) filed his original
complaint against Federal Express Corporation (“Fed Ex”) seeking
recovery for “national origin discrimination.” On August 19, 2003,
the district court granted partial summary judgment to Fed Ex on
various of the claims asserted by Plaintiff. On March 3, 2004, the
district court granted partial summary judgment to Fed Ex on
additional grounds asserted by Plaintiff. On February 3, 2005, the
district court granted Fed Ex’s third motion for summary judgment

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No. 05-20182
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on the basis of judicial estoppel. That order disposed of all
claims of Plaintiff. Plaintiff appealed from the final judgment
entered on February 3, 2005.
We have carefully reviewed the briefs, the record excerpts,
and relevant portions of the record itself. For the reasons stated
by the district court in its Memorandum and Order entered February
3, 2005, we affirm the final judgment entered contemporaneously
therewith, dismissing all of Plaintiff’s claims with prejudice.
AFFIRMED.

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