*1 Case: 21-11116 Document: 00516223100 Page: 1 Date Filed: 03/03/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED March 3, 2022 No. 21-11116 Lyle W. Cayce Summary Calendar Clerk Josy L. Penn,

Plaintiff—Appellant , versus

Army & Air Force Exchange Service; Lloyd Austin, Secretary, U.S. Department of Defense, in his official capacity as Secretary of Defense; Tom Shull, Director/CEO AAFES,

Defendants—Appellees . Appeal from the United States District Court for the Northern District of Texas USDC No. 3:21-CV-402 Before Clement , Ho , and Oldham , Circuit Judges .

Per Curiam: *

*2 Case: 21-11116 Document: 00516223100 Page: 2 Date Filed: 03/03/2022

No. 21-11116 Appellant fails to present any non-frivolous arguments on appeal. Accordingly, the judgment of the district court is AFFIRMED. See 5th Cir. R. 47.6.

2

[*] Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.