IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 12-41007

Summary Calendar

MICHAEL WHITE,

Plaintiff-Appellant

v.

BURKE CENTER,

Defendant-Appellee

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 9:11-CV-109

Before WIENER, ELROD, and GRAVES, Circuit Judges.

PER CURIAM:*

Plaintiff-Appellant Michael White, proceeding pro se and in forma

pauperis as he did in the district court, appeals that court’s judgment dismissing

his claims against his former employer, Defendant-Appellee, the Burke Center,

a governmental health authority serving a multi-county area of East Texas. The

district court granted Appellee’s motion for summary judgment to dismiss

White’s claims grounded in alleged violations of Title VII of the Civil Rights Act

United States Court of Appeals

Fifth Circuit

F I L E D

March 19, 2013

Lyle W. Cayce

Clerk

* 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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No. 12-41007

of 1964, 42 U.S.C. §2000(e)-5, and the Americans With Disabilities Act, alleging

sex discrimination, disability discrimination, and retaliation. The court did so

after determining that White had failed to present any summary judgment

evidence of employment discrimination or retaliation (other than his subjective 

beliefs) sufficient to establish a genuine issue of material fact that the

legitimate, non-discriminatory reasons put forth by Appellee for firing White

were pretextual or that it had retaliated against White for anything at all.

We have reviewed the record on appeal and the applicable facts and law

as presented by the parties in their appellate briefs and by the magistrate judge

to whom this case was transferred with the consent of the parties pursuant to

28 U.S.C. §836, and we are satisfied that her Final Judgment of August 28,

2012, dismissing White’s action, should be affirmed for essentially the reasons

patiently explained in the magistrate judge’s 15 page Memorandum Opinion and

Order on Motion for Summary Judgment, also dated August 28, 2012. In

essence, she correctly determined that White was fired on the basis of a

unanimous decision of a five-administrator committee (two male and three

female) because of his repeated refusal to comply with instructions and

guidelines for billing Medicaid, despite his having been trained in the proper

methodology, cautioned following numerous failures to comply, placed on

probation for such billing errors, and billed Medicaid for the time he spent on

travel or on time other than directly in the service of mental health clients of

Appellee, in disregard of express instructions not to do so. Neither do White’s

own healthcare providers or any other evidence support a claim of a disability

recognized under the ADA; nor is there record evidence of any protected act or

omission by White in retaliation for which Appellee might have terminated his

employment or taken any adverse action. In contrast, Appellee adduced

substantial summary judgment evidence in support of the conclusion that its

firing of White was grounded in legitimate, non-discriminatory reasons that

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No. 12-41007

were in no way related to his sex, his age, or any disability, actual or perceived. 

White’s vague references to “evidence” that he would present on trial fall well

short of the standard required by this and other courts to establish the presence

of the genuine issue of material fact.

The judgment of the district court is, in all respects,

AFFIRMED.

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