Jones vs. Gen Nutrition Center, (5th Cir. 2006)
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United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS
June 14, 2006
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 04-60923
Summary Calendar
MYRA JONES,
Plaintiff-Appellant,
versus
GENERAL NUTRITION CENTER INCORPORATED,
Defendant-Appellee.
Appeals from the United States District Court
for the Southern District of Mississippi
USDC No. 3:02-CV-1195-WS
Before REAVLEY, HIGGINBOTHAM, and CLEMENT, Circuit Judges.
PER CURIAM:* Mrya Jones seeks to proceed in forma pauperis (IFP) on appeal following the district court's judgment granting the defendant's summary-judgment motion and dismissing her 42U.S.C. § 2000(e) complaint. In her complaint, Jones alleged that she was fired because of her religious beliefs and practices. This court may authorize Jones to proceed IFP on appeal if she is unable to pay the costs of the appeal and the appeal is taken in good faith, i.e., the appeal presents nonfrivolous issues. FED. R. APP. P. 24(a)(1); see Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988).
Jones has failed to demonstrate that her appeal would involve nonfrivolous issues. The summary-judgment evidence showed that General Nutrition Centers, Inc., had articulated a legitimate nondiscriminatory basis for Jones's termination and she had not borne her burden of establishing that the articulated reason was pretextual. Threadgill v. Prudential Sec. Group, Inc., 145 F.3d 286, 292 (5th Cir. 1998); McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-03 (1973). Jones's motion for IFP is therefore denied and her appeal dismissed. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5TH CIR. R. 42.2.
APPEAL DISMISSED.
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
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This document cites
- U.S. Court of Appeals for the Fifth Circuit - 22 Employee Benefits Cas. 1353, Pens. Plan Guide (Cch) P 23943T Richard A. Threadgill, Sr., Plaintiff-Appellee, v. Prudential Securities Group, Inc., Et Al., Defendants, Graham Energy Services Inc. Executive Compensation Plan; Braeloch Holdings Inc. Executive Compensation Plan, Defendants-Appellants. Joseph Kilchrist, Plaintiff-Appellee, v. Prudential Securities Group, Inc., Et Al., Defendants, Graham Energy Services Inc. Executive Compensation Plan; Braeloch Holdings Inc. Executive Compensation Plan, Defendants-Appellants. Michael R. Stewart, Plaintiff-Appellee, v. Prudential Securities Group, Inc., Et Al., Defendants, Graham Energy Services Inc. Executive Compensation Plan; Braeloch Holdings Inc. Executive Compensation Plan, Defendants-Appellants.
- U.S. Supreme Court - McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973)
- U.S. Court of Appeals for the Fifth Circuit - Clinton C. Howard, Jr., and Michael Chapman and Kenneth Robinson, Plaintiffs-Appellants, v. John T. King, Secretary, Department of Corrections, and Ross Maggio, Jr., Warden, Louisiana State Penitentiary, Defendants-Appellees., 707 F.2d 215 (5th Cir. 1983)
- U.S. Court of Appeals for the Fifth Circuit - Billy Holmes, A/K/a Bill Richards and Daniel Johnson, Plaintiffs-Appellants, v. Ray Hardy, Et Al., Defendants-Appellees. No. 88-2264. Summary Calendar., 852 F.2d 151 (5th Cir. 1988)
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