Unpublished
- Hardison v. Skinner, 20-30643, appeal from W.D. La.
- per curiam (Dennis, Southwick, Wilson), Dennis, J., specially concurring; employment discrimination, Title VII
- Affirming summary judgment dismissing plaintiff’s employment discrimination, defamation, and Louisiana state law claims against the Natchitoches Parish School Board and Dale Skinner, the school board’s superintendent, brought after she voluntarily retired six months after defendants placed her on administrative leave.
- Judge Dennis specially concurred, “respectfully disagree[ing] with [the per curiam‘s] conclusion that Hardison failed to show disparate treatment for the purpose of establishing a prima facie case of discrimination. … The real issue with Hardison’s case is the one the parties actually dispute: the ‘ultimate employment decision’ requirement that our circuit, and only our circuit, has engrafted onto the plain text of Title VII. It is because Hardison’s evidence does not meet this special Fifth Circuit requirement that I concur in affirming the district court’s judgment.”
- Santos-Garcia v. Garland, 20-61006, petition for review of BIA order
- per curiam (Higginbotham, Higginson, Duncan), immigration
- Denying Cuban citizen’s petition for review of BIA order dismissing her appeal from the denial by the immigration judge (IJ) of her application for asylum, withholding of removal, and protection under the Convention Against Torture.
- U.S. v. Carrera, 21-10575, appeal from N.D. Tex.
- per curiam (Smith, Higginson, Willett), criminal, compassionate release
- Dismissing as frivolous appeal from denial of motion for compassionate release.
- U.S. v. Lane, 21-10868, appeal from N.D. Tex.
- per curiam (Davis, Jones, Elrod), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Johnson, 21-30485, appeal from M.D. La.
- per curiam (Davis, Jones, Elrod), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Hilton, 21-30593, appeal from M.D. La.
- per curiam (Jones, Duncan, Engelhardt), criminal, compassionate release
- Dismissing as frivolous appeal from denial of motion for compassionate release.
- U.S. v. Mitchell, 21-40495, appeal from E.D. Tex.
- per curiam (Jones, Duncan, Engelhardt), criminal, compassionate release
- Dismissing as frivolous appeal from denial of motion for compassionate release.
- Brandt v. Pegoda, 21-40546, appeal from E.D. Tex.
- per curiam (Jones, Duncan, Engelhardt), prisoner suit
- Dismissing as frivolous appeal from an order dismissing as moot prisoner’s motion for a temporary restraining order or for a preliminary injunction, which the district court also construed as an action under 42 U.S.C. § 1983.
- U.S. v. Palacio, 21-50164, appeal from W.D. Tex.
- per curiam (Jones, Duncan, Engelhardt), criminal, compassionate release
- Dismissing as frivolous appeal from denial of motion for compassionate release.
- U.S. v. Lopez-Reynoso, 21-50168, appeal from W.D. Tex.
- per curiam (Wiener, Dennis, Haynes), criminal, compassionate release
- Affirming denial of motion to reconsider denial of motion for compassionate release.
- U.S. v. Martin, 21-50799, appeal from W.D. Tex.
- per curiam (Davis, Jones, Elrod), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Baker v. Lumpkin, 21-50918, appeal from W.D. Tex.
- per curiam (Jones, Duncan, Engelhardt), habeas corpus
- Denying COA to appeal denial of post-judgment motions filed with regard to § 2254 petition.
- Boyd v. Spencer, 21-60718, appeal from N.D. Miss.
- per curiam (Jones, Duncan, Engelhardt), prisoner suit
- Vacating dismissal of prisoner’s § 1983 complaint, and remanding for further proceedings.
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