Mekasha v. ExxonMobil 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that this opinion should not be published and is not precedent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
July 27, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-10977
Summary Calendar
ABRAHAM W. MEKASHA,
Plaintiff-Appellant,
versus
EXXONMOBIL CORPORATION,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:04-CV-797
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Before SMITH, DeMOSS, and PRADO, Circuit Judges.
PER CURIAM:*
Abraham Mekasha (“Appellant”) filed suit against ExxonMobil
Corporation (“Appellee”) in the U.S. District Court for the
Northern District of Texas, seeking “one billion dollars” for
breach of an alleged lifetime employment contract and for
retaliation against him by Appellee in violation of the Civil
Rights Act of 1964 as amended, 42 U.S.C. 2000e, et.seq. (Title
VII) when it fired him for failing to show up for work.
Appellant also claims injuries resulting from intentional
infliction of emotional distress under Texas law. Appellee filed

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No. 05-10977
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an answer, denying all charges, and after conducting discovery on
Appellant’s claims, Appellee moved for summary judgment on each
of the causes of action asserted by Appellant. The district
court granted summary judgment in favor of Appellee as to all
claims asserted under Title VII, finding that Appellant failed to
establish a prima facie case of retaliation and failed to produce
evidence showing that Appellee’s non-discriminatory basis for
terminating his employment was a pretext for unlawful
retaliation. The district court declined to exercise
supplemental jurisdiction over Appellant’s state law claims.
Appellant timely appealed to this court.
We have carefully reviewed the briefs, the record excerpts,
and relevant portions of the record. We affirm the judgment of
the district court granting summary judgment in favor of Appellee
on all of Appellant’s Title VII claims and dismissing without
prejudice Appellant’s state law claims.
AFFIRMED.

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