Hooks v. Okbridge, Inc

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-50891 Summary Calendar

HAROLD R. HOOKS, also known as Ray Hooks,

Plaintiff-Appellant,

versus

OKBRIDGE, INC.,

Defendant-Appellee.

----------------------------------------------------------- Appeal from the United States District Court for the Western District of Texas USDC No. SA-99-CV-214-EP ----------------------------------------------------------- August 21, 2000

Before HIGGINBOTHAM, EMILIO M. GARZA and STEWART, Circuit Judges: PER CURIAM:*

Harold R. Hooks appeals the district court’s order granting OKbridge’s motion for summary judgment dismissing Hooks’ claim under the Americans with Disabilities Act. Hooks argues that OKbridge discriminated against him by terminating his membership due to his bipolar disorder mental disability. Hooks admits that he did not notify OKbridge that he had a bipolar disorder until after OKbridge terminated his membership. Hooks has not met his initial burden of proof to show that he requested a specific, reasonable modification based on his alleged bipolar disorder disability. See

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Johnson v. Gambrinus Company/Spoetzl Brewery, 116 F.3d 1052, 1057 (5th Cir. 1997); Seaman v. CSPH, Inc., 179 F.3d 297, 301 (5th Cir. 1999).

Therefore, the district court did not err in granting OKbridge’s motion for summary judgment. Hooks’ motion to file an out-of-time reply brief is GRANTED.

AFFIRMED; MOTION TO FILE OUT-OF-TIME REPLY BRIEF GRANTED.