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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 14, 2004 Charles R. Fulbruge III Clerk No. 04-60035 Summary Calendar KAREN GRAY, Plaintiff-Appellant, versus DAVID M. HARAWAY, PhD, Individually; MARILYN BATEMAN, Individually; NORTHWEST MISSISSIPPI COMMUNITY COLLEGE, Defendants-Appellees. -------------------- Appeal from the United States District Court for the Northern District of Mississippi USDC No. 2:02-CV-238-P -------------------- Before DAVIS, SMITH, and DENNIS, Circuit Judges PER CURIAM:* Karen Gray appeals the district court’s order granting the defendants’ motion for summary judgment and dismissing her
42 U.S.C. § 1983complaint. Gray argues that she was terminated from her job, in which she had a Fourteenth Amendment property interest, without due process of law. Gray alleges that she was denied pre-termination process and a post-termination hearing. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 04-60035 -2- Gray’s allegations regarding the denial of pre-termination process are raised for the first time on appeal. Accordingly, they will not be considered by this court. See Forbush v. J.C. Penney Co.,
98 F.3d 817, 822 (5th Cir. 1996); Varnado v. Lynaugh,
920 F.2d 320, 321 (5th Cir. 1991). The record reflects that Gray failed to utilize the grievance procedure that was available to her following her termination. The evidence does not support her contention that requiring her to utilize the grievance procedure would have been futile. Accordingly, Gray’s due process rights were not violated. See Rathjen v. Litchfield,
878 F.2d 836, 838 (5th Cir. 1989). The judgment of the district court is AFFIRMED.
Document Info
Docket Number: 04-60035
Citation Numbers: 110 F. App'x 425
Judges: Davis, Dennis, Per Curiam, Smith
Filed Date: 10/14/2004
Precedential Status: Non-Precedential
Modified Date: 8/2/2023