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Quevedo v. Army & Air Force ( 2000 )


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  •                     UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________________
No. 00-10360
Summary Calendar
_______________________
MARIA LUISA QUEVEDO,
Plaintiff-Appellant,
versus
ARMY & AIR FORCE EXCHANGE SERVICE, (AAFES);
BARRY D BATES, MG, Major General, USA Commander,
Defendants-Appellees.
_________________________________________________________________
Appeal from the United States District Court
for the Northern District of Texas
3:99-CV-2056-X
_________________________________________________________________
September 14, 2000
Before DAVIS, JONES, and DeMOSS, Circuit Judges.
PER CURIAM:*
Maria Luisa Quevedo alleges that she was discriminated
against on the basis of her age and national origin by the Army Air
Force Exchange Service (AAFES) and its commander, Major General
Barry D. Bates.     The district court dismissed this action without
prejudice    on the grounds that AAFES and General Barry are not
proper party defendants under the relevant federal laws, Title VII
and the Age Discrimination in Employment Act.             Because neither
*
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opinion should not be published and is not precedent except under the limited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.
AAFES or General Barry is a proper defendant to this action, we
affirm the district court’s dismissal without prejudice.
The AAFES is part of the federal government and is
classified        as a non-appropriated fund instrumentality of the
United States.      See AAFES v. Sheehan,
    456 U.S. 728
    ,
    102 S. Ct. 2118 
    (1982).      As such, the AAFES shares in whatever immunity the
government may have         against suit under the Constitution and
federal statutes.
By statute, the only proper party defendant in either a
Title VII action or an Age Discrimination in Employment action
brought against the United States is the head of the agency in
which the alleged discriminatory acts occurred. 42 U.S.C. § 2000e-
16(c); Honeycutt v. Long,
    861 F.2d 1346 
    (5th Cir. 1988).            AAFES is
an integral part of the Department of Defense and operates is
support of both the Army and Air Force.            Dynes v. Army and Air
Force Exchange Service,
    720 F.2d 1495
    , 1496 (11th Cir. 1983).
Therefore, as noted by the district court, the only proper party
defendant in this action is the head of the Department of Defense,
Secretary of Defense William S. Cohen. See
    Honeycutt, 861 F.2d at 1349
    .
Ms. Quevedo failed to name Secretary of Cohen as a
defendant    in    her   suit,   leaving   the   district   court   with   no
alternative but to dismiss the case for lack of a proper party
defendant.
Twenty-one days after the district court’s entry of its
order   dismissing   the   case   without   prejudice,   the   Plaintiff-
Appellant filed a motion seeking to change defendants from AAFES
and General Bates to Secretary Cohen.       A pro se party is in no way
exempted from compliance with the relevant rules of procedure and
substantive law.     Hulsey v. State of Texas,
    929 F.2d 168
    , 171(5th
Cir. 1991). Because Ms. Quevedo’s motion to change defendants came
after the entry of a final judgment by the district court it was
void and ineffective.
Affirmed.