Opinion
No. 07-50819, Summary Calendar.
December 21, 2007.
Richard Arizpe, San Antonio, TX, pro se.
Robert Keith Shaw-Meadow, U.S. Attorney's Office Western District of Texas, San Antonio, TX, for Defendants-Appellees.
Appeal from the United States District Court for the Western District of Texas, No. 5:06-CV-563.
Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges.
Richard Arizpe sued under title VII and the Age Discrimination in Employment Act. As the magistrate judge stated,
[Plaintiff] is obviously upset with the circumstances surrounding his employment with defendant, as evidenced by the lawsuits he filed in 1998 and 2002 against the Department of Transportation and Federal Aviation Administration [footnote omitted]. Plaintiffs conclusory allegations and legal conclusions masquerading as factual conclusions, however, cannot suffice to prevent defendant's motion to dismiss in this case.
After reviewing the briefs and pertinent parts of the record and the applicable law, we affirm, essentially for the reasons stated by the magistrate judge in her comprehensive Report and Recommendation signed on January 12, 2007. We also conclude that Arizpe's argument that the district court's ruling is legally invalid because it listed Maria Cino as Acting Secretary of Transportation, rather than Mary Peters as Secretary of Transportation, is frivolous. See FED.R.CIV.P. 25(d) ("[A]ny misnomer not affecting the parties' substantial rights must be disregarded."). Arizpe's other arguments are equally unavailing.
AFFIRMED.