Summary Calendar RICHARD ARIZPE v. MARY E. PETERS, Secretary, United States Department of Transportation, Federal…

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-50819
Summary Calendar
RICHARD ARIZPE,
Plaintiff-Appellant,
v.
MARY E. PETERS,
Secretary, United States Department of Transportation,
Federal Aviation Administration;
CARI M. DOMINGUEZ,
Chairwoman, United States Equal Employment Opportunity Commission,
Defendants-Appellees.
Appeal from the United States District Court
for the Western District of Texas
No. 5:06-CV-563
United States Court of Appeals
Fifth Circuit
F I L E D
December 21, 2007
Charles R. Fulbruge III
Clerk

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No. 07-50819
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
2
Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Richard Arizpe sued under title VII and the Age Discrimination in Em-
ployment Act. As the magistrate judge stated,
[Plaintiff] is obviously upset with the circumstances surrounding his
employment with defendant, as evidenced by the lawsuits he filed
in 1998 and 2002 against the Department of Transportation and
Federal Aviation Administration [footnote omitted]. Plaintiff’s con-
clusory allegations and legal conclusions masquerading as factual
conclusions, however, cannot suffice to prevent defendant’s motion
to dismiss in this case.
After reviewing the briefs and pertinent parts of the record and the applic-
able law, we affirm, essentially for the reasons stated by the magistrate judge
in her comprehensive Report and Recommendation signed on January 12, 2007.
We also conclude that Arizpe’s argument that the district court’s ruling is legally
invalid because it listed Maria Cino as Acting Secretary of Transportation, rath-
er than Mary Peters as Secretary of Transportation, is frivolous. See FED. R.
CIV. P. 25(d) (“[A]ny misnomer not affecting the parties’ substantial rights must
be disregarded.”). Arizpe’s other arguments are equally unavailing.
AFFIRMED.

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