Mary Brown v. Burl Cain, et al, No. 11-30582 (5th Cir. 2011)

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Case: 11-30582 Document: 00511668646 Page: 1 Date Filed: 11/17/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED November 17, 2011 No. 11-30582 Summary Calendar Lyle W. Cayce Clerk MARY NIXON BROWN, Plaintiff - Appellant v. BURL CAIN, in his official capacity as Warden of Louisiana State Penitentiary; STATE OF LOUISIANA, through the Department of Public Safety and Corrections, Defendants - Appellees Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:10-CV-76 Before REAVLEY, SMITH, and PRADO, Circuit Judges. PER CURIAM:* The judgment of the district court is affirmed for the following reason: The evidence establishes that Ms. Brown was terminated legally while employed only in probational status. She contends that she had a reasonable expectation that she would obtain permanent status, but that expectation was only her unilateral expectation of the future while she had no legitimate belief * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 11-30582 Document: 00511668646 Page: 2 Date Filed: 11/17/2011 No. 11-30582 or claim to actual permanent status. There was no deprivation of a right to due process. See Board of Regents of State Colleges v. Roth, 92 S. Ct. 2701, 2709 (1972). AFFIRMED. 2

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