Edwin Pagan-Aponte v. JOHN M. MCHUGH, Secretary of the Army

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 13a0032n.06
No. 12-5456
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
EDWIN PAGAN-APONTE,
Plaintiff-Appellant,
v.
JOHN M. MCHUGH, Secretary of the
Army,
Defendant-Appellee.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
Before: GUY, SUTTON, and COOK, Circuit Judges.
PER CURIAM. In this race-based employment discrimination and retaliation action, Edwin
Pagan-Aponte appeals the district court’s order granting summary judgment to defendant Secretary
of the Army on Pagan-Aponte’s two separate non-selections for promotion. He also appeals the1
lower court’s order barring expert testimony about the Army’s promotion procedures. Having
determined that the district court thoroughly and correctly set out the undisputed facts and governing
law, this court’s issuance of a full opinion would be duplicative and serve no jurisprudential purpose.
We AFFIRM the district court’s judgment on the basis of its May 10, 2011 order granting
defendant’s motion to exclude and its April 5, 2012 grant of summary judgment to the Army.
John McHugh became Secretary of the Army after Pagan-Aponte filed his lawsuit. Federal1
Rule of Civil Procedure 25(d) automatically designates Mr. McHugh as the proper defendant.

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