Charles Miller, Jr. v. Fikes Wholesale, Incorporat, No. 18-50951 (5th Cir. 2019)
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Case: 18-50951 Document: 00514902608 Page: 1 Date Filed: 04/04/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-50951 Summary Calendar FILED April 4, 2019 Lyle W. Cayce Clerk CHARLES R. MILLER, JR., Plaintiff−Appellant, versus FIKES WHOLESALE, INCORPORATED, Defendant−Appellee. Appeal from the United States District Court for the Western District of Texas No. 6:18-CV-145 Before SMITH, WIENER, and WILLETT, Circuit Judges. PER CURIAM: * Charles Miller, Jr., pro se in the district court and on appeal, sued his 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-50951 Document: 00514902608 Page: 2 Date Filed: 04/04/2019 No. 18-50951 former employer for violation of the Americans with Disabilities Act. The district court dismissed on the pleadings. Miller’s theory is that he suffers from the disability of sleep apnea. His job requires him to drive substantial distances. While on the job, he was in a vehicular accident while traveling over one hundred miles per hour. For that he was fired. The district court dismissed, explaining its decision in a thorough and well-reasoned order entered October 11, 2018. The court explained, inter alia, that Miller had made no sufficient allegation to establish that his dismissal resulted from a disability or perception of disability but, instead, that he was fired for violating his employer’s safety standards. The discrimination claim thus was not plausible, even giving the usual latitude to pro se pleadings. The summary judgment is AFFIRMED, essentially for the reasons persuasively stated by the district court. 2
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