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SMITH v. SHINSEKI

No. CIV. 07-CV-4167.

716 F.Supp.2d 556 (2009)

Johnny Jermaine SMITH, Plaintiff, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Defendant.

United States District Court, S.D. Texas, Houston Division.

February 9, 2009.

Attorney(s) appearing for the Case

Gordon R. Cooper, II, Attorney at Law, Houston, TX, for Plaintiff.

Fred Turner Hinrichs, U.S. Attorney's Office, Houston, TX, for Defendant.

MEMORANDUM AND ORDER

KEITH P. ELLISON, District Judge.

Pending before the Court is Defendant's Motion for Summary Judgment. (Doc. No. 12.) For the following reasons, Defendant's Motion must be granted.

I. BACKGROUND

Plaintiff Johnny Jermaine Smith is an African-American veteran with a disability, bi-polar disease and depression. Plaintiff was honorably discharged in 1999 after serving four years in the military. From 2002 until 2007...

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