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DAVOODI v. AUSTIN INDEPENDENT SCHOOL DIST.

No. 13-50824 Summary Calendar.

755 F.3d 307 (2014)

Mostafa DAVOODI, Plaintiff-Appellant, v. AUSTIN INDEPENDENT SCHOOL DISTRICT, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 16, 2014.

Attorney(s) appearing for the Case

James J. Sullivan , Icenogle & Sullivan, L.L.P., Austin, TX, for Plaintiff-Appellant.

Jennifer Archimbaud Powell , Eichelbaum Wardell Hansen Powell & Mehl, P.C., Austin, TX, for Defendant-Appellee.

Before KING, DAVIS, and ELROD, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

Plaintiff-Appellant Mostafa Davoodi appeals the removal of his lawsuit from Texas state court and the dismissal of his entire lawsuit by the district court. We hold that removal from Texas state court was proper. But because the district court gave no notice to Davoodi before its sua sponte dismissal of his state law discriminatory termination claim, we VACATE the dismissal of that claim and REMAND.

I.

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