Holloway v. Massey

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 11, 1999
• Docket: 98-50969
• Status: Unpublished

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________

No. 98-50969 Summary Calendar _____________________

WILLIAM S. HOLLOWAY,

Plaintiff-Appellant,

versus

C. MASSEY,

Defendant-Appellee. _________________________________________________________________

Appeal from the United States District Court for the Western District of Texas (SA-96-CV-889) _________________________________________________________________

June 10, 1999

Before POLITZ, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:*

William S. Holloway, now Texas prisoner # 364198, appeals pro

se the adverse summary judgment in his action against C. Massey

brought under the Fair Labor Standards Act.

As is more than well-established, we review a summary judgment

de novo, applying the same standard as the district court. E.g.,

OHM Remediation Services v. Evans Cooperage Co., Inc., 116 F.3d

1574, 1579 (5th Cir. 1997). Such judgment is appropriate where

“there is no genuine issue as to any material fact and ... the

moving party is entitled to a judgment as a matter of law." FED. R.

CIV. P. 56(c).

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. The parties consented to proceeding before the magistrate

judge. Holloway contends primarily that the court erred in holding

that he was not an employee of Massey for FLSA purposes. He may

also be asserting a state law claim for unpaid wages. In any

event, and pursuant to our review of the record, we affirm for

essentially the reasons stated by the district court. Holloway v.

Massey, No. SA-96-CA-889-PMA (W.D. Tex. Sept. 25, 1998).

AFFIRMED

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