Edwin Pagan-Aponte v. Pete Geren, No. 12-5456 (6th Cir. 2013)

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NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 13a0032n.06 No. 12-5456 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Jan 07, 2013 EDWIN PAGAN-APONTE, Plaintiff-Appellant, v. JOHN M. MCHUGH, Secretary of the Army, Defendant-Appellee. ) ) ) ) ) ) ) ) ) ) DEBORAH S. HUNT, Clerk 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 Army1 on Pagan-Aponte s two separate non-selections for promotion. He also appeals the 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. 1 John McHugh became Secretary of the Army after Pagan-Aponte filed his lawsuit. Federal Rule of Civil Procedure 25(d) automatically designates Mr. McHugh as the proper defendant.

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