(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …)
Designated for publication
- Davis v. Lumpkin, 19-20873, appeal from S.D. Tex.
- Southwick, J. (Smith, Wiener, Southwick), prisoner suit
- Affirming in part dismissal of prisoner’s § 1983 action, vacating in part, and remanding.
- Bertrand v. Garland, 19-60620, petition for review of BIA order
- Elrod, J. (Davis, Elrod, Haynes), immigration
- Denying Haitian citizen’s petition for review of BIA order denying his requests for asylum and withholding of removal on the ground that the Haitian government was neither unable nor unwilling to prevent the violence committed against him.
- U.S. v. Vargas-Soto, 20-10705, appeal from N.D. Tex.
- Oldham, J. (Davis, Elrod, Oldham), Davis, J., dissenting; habeas corpus
- Affirming district court’s denial of successive § 2255 petition as procedurally barred.
- Judge Davis dissented, disagreeing with majority’s opinion that petitioner failed to show cause and prejudice that excused his procedural default.
- Miller v. Dunn, 20-11054, appeal from N.D. Tex.
- Duncan, J. (Wiener, Graves, Duncan), § 1983
- Reversing district court’s dismissal of § 1983 claims under the Rooker-Feldman doctrine, holding that Rooker-Feldman does not apply when a state case is pending on appeal when the federal suit is filed.
- Moreno v. Sentinel Insurance Co., 20-20621, appeal from S.D. Tex.
- Engelhardt, J. (Jones, Southwick, Engelhardt), insurance, breach of contract
- Affirming summary judgment dismissal of plaintiff’s third-party beneficiary breach of contract claim against insurer, on finding that the insurer’s duty to defend its insured (on which plaintiff’s claim was based) was never triggered in the underlying litigation.
- George v. SI Group, Inc., 20-40427, appeal from S.D. Tex.
- Jolly, J. (Jolly, Haynes, Oldham), Haynes, J., concurring in part and dissenting in part; personal tort, product liability
- Affirming in part, reversing in part, and vacating district court’s 12(b)(6) and summary judgment dismissals of plaintiff’s premises-liability and product liability claims, and remanding for further proceedings.
- Judge Haynes dissented in part, and would hold that the summary judgment dismissal of the premises liability claim should be affirmed.
- Lopez-Perez v. Garland, 20-60131, petition for review of BIA order
- Southwick, J. (Jones, Southwick, Oldham), immigration
- Denying Salvadoran citizen’s petition for review of of BIA order denying her application for asylum, withholding of removal, and protection under the Convention Against Torture.
- Ottemann v. Knights of Columbus, 21-30138, appeal from E.D. La.
- Southwick, J. (Dennis, Southwick, Wilson), breach of contract
- Reversing in part district court’s dismissal of breach of contract claim for failure to state a claim, affirming in part, and remanding for further proceedings.
- Lafaye v. City of New Orleans, 21-30358, appeal from E.D. La.
- Smith, J. (Smith, Elrod, Oldham), Oldham, J., concurring in judgment; taking
- Answering certified question and remanding, holding that a government entity’s failure to honor a state court judgment does not constitute a taking, “even when that judgment calls for the return of personal property acquired by a government unlawfully.”
- Sims v. Griffin, 21-40457, appeal from E.D. Tex.
- Willett, J. (Willett, Engelhardt, Wilson), qualified immunity
- Affirming district court’s denial of qualified immunity to prison officers who “turned a blind eye to [a deceased prisoner’s] severe–and worsening–medical distress [for 34 hours] despite his repeated pleas for help and knowing he had ingested a bag full of narcotics.”
Unpublished
- Ancar v. Robertson, 19-30524, appeal from M.D. La.
- per curiam (Jolly, Elrod, Haynes), prisoner suit, qualified immunity
- Affirming in part, vacating in part, and remanding for further proceedings prisoner plaintiff’s suit alleging unconstitutional retaliation for his filing of a grievance.
- McBride v. Lumpkin, 19-51160, appeal from W.D. Tex.
- per curiam (Jolly, Elrod, Haynes), habeas corpus
- Vacating district court’s dismissal of second § 2244 petition as a prohibited successive petition, and remanding for further proceedings.
- Moore v. Collier, 20-20616, appeal from S.D. Tex.
- per curiam (Southwick, Graves, Costa), prisoner suit
- Dismissing as frivolous appeal from dismissal of prisoner’s § 1983 suit.
- Carlisle v. Lopinto, 20-30720, appeal from E.D. La.
- per curiam (Southwick, Oldham, Wilson), habeas corpus
- Affirming denial of § 2254 petition.
- Abdul-Khaliq v. Garland, 20-60747, petition for review of BIA order
- per curiam (Barksdale, Costa, Engelhardt), immigration
- Dismissing in part and denying in part Saudi citizen’s petition for review of BIA order denying his motion to reopen his removal proceedings.
- Sears v. Zions Bancorporation NA, 21-10448, appeal from N.D. Tex.
- Engelhardt, J. (Richman, Clement, Engelhardt), employment discrimination, Age Discrimination in Employment Act
- Reversing summary judgment dismissal of age discrimination claims, and remanding for further proceedings.
- U.S. v. Johnson, 21-10454, appeal from N.D. Tex.
- per curiam (Jolly, Elrod, Haynes), criminal, sentencing
- Affirming 261-month sentence on conviction of conspiracy to possess with intent to distribute fifty grams or more of methamphetamine.
- U.S. v. Ashford, 21-10811, appeal from N.D. Tex.
- per curiam (Smith, Stewart, Graves), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Saenz-Lara, 21-11089, appeal from N.D. Tex.
- per curiam (Smith, Stewart, Graves), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Miranda-Silva, 21-11198, appeal from N.D. Tex.
- per curiam (Smith, Stewart, Graves), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Parsons v. Liberty Insurance Corp., 21-11220, appeal from N.D. Tex.
- per curiam (Smith, Stewart, Graves), insurance
- Affirming summary judgment in favor of insurer on homeowner’s claim.
- U.S. v. Perez-Garcia, 21-11235, appeal from N.D. Tex.
- per curiam (Jolly, Willett, Engelhardt), criminal, sentencing
- Affirming 57-month sentence on conviction of illegal reentry.
- U.S. v. Silva-Mendoza, 21-11236, appeal from N.D. Tex.
- per curiam (Smith, Stewart, Graves), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Pedder v. Marquez, 21-20305, appeal from S.D. Tex.
- per curiam (Jolly, Willett, Engelhardt), prisoner suit
- Affirming district court’s dismissal of prisoner’s § 1983 suit as frivolous.
- U.S. Bank National Association v. Lamell, 21-20326, appeal from S.D. Tex.
- per curiam (Stewart, Clement, Elrod), foreclosure
- Affirming in part, reversing in part, and remanding plaintiff’s claims arising from foreclosure.
- U.S. v. Venegas, 21-20545, appeal from S.D. Tex.
- per curiam (Wiener, Dennis, Haynes), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Petro Marine Underwriters, Inc. v. Cox Operating, L.L.C., 21-30100, appeal from E.D. La.
- per curiam (Barksdale, Stewart, Dennis), breach of contract
- Affirming final judgment in plaintiff’s favor on breach of contract to pay plaintiff commissions for consulting services provided to assist defendant in acquiring certain assets from Chevron.
- U.S. v. Zarate, 21-30377, appeal from W.D. La.
- per curiam (Smith, Stewart, Graves), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Lawson v. Excel Contractors, L.L.C., 21-30438, appeal from W.D. La.
- per curiam (Barksdale, Stewart, Dennis), employment discrimination, Americans with Disabilities Act, Age Discrimination in Employment Act, Family and Medical Leave Act
- Affirming summary judgment dismissal of plaintiff’s ADA, ADEA, and FMLA claims following termination after reassignment after plaintiff took two week’s leave to recover from heart problems.
- U.S. v. Pendleton, 21-30452, appeal from E.D. La.
- per curiam (Jolly, Willett, Engelhardt), criminal, compassionate release
- Affirming denial of motion for compassionate release.
- Kennemer v. Pittman, 21-40120, appeal from S.D. Tex.
- per curiam (Smith, Stewart, Graves), prisoner suit
- Affirming summary judgment dismissal of prisoner’s § 1983 and ADA claims.
- U.S. v. Pierre, 21-40213, appeal from E.D. Tex.
- per curiam (Jolly, Willett, Engelhardt), criminal, compassionate release
- Affirming denial of motion for compassionate release.
- Heather H. v. Northwest Independent School District, 21-40316, appeal from E.D. Tex.
- per curiam (Dennis, Southwick, Wilson), Individuals with Disabilities Education Act
- Affirming district court’s judgment that affirmed special education hearing officer’s conclusion that child’s evaluation complied with the IDEA act.
- The Bank of New York Mellon v. Riley, 21-40383, appeal from E.D. Tex.
- per curiam (Jones, Southwick, Oldham), foreclosure
- Affirming summary judgment in favor of bank on claims of noncompliance with settlement agreement that arose from foreclosure.
- U.S. v. Sanchez, 21-40556, appeal from S.D. Tex.
- per curiam (Jolly, Willett, Engelhardt), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Searcy v. Paxton, 21-40602, appeal from S.D. Tex.
- per curiam (Barksdale, Costa, Engelhardt), prisoner suit
- Vacating dismissal of prisoner’s § 1983 claim, and remanding for further proceedings.
- Cruz v. Lumpkin, 21-40613, application for COA from S.D. Tex.
- per curiam (Southwick, Graves, Costa), habeas corpus
- Dismissing application for COA from denial of § 2254 petition for lack of jurisdiction.
- U.S. v. Santiesteban-Delgado, 21-40669, appeal from S.D. Tex.
- per curiam (Smith, Stewart, Graves), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Cornelious v. Steifer, 21-40921, appeal from E.D. Tex.
- per curiam (Stewart, Haynes, Ho), prisoner suit
- Dismissing as untimely appeal from dismissal of prisoner’s § 1983 claim.
- U.S. v. Charpia, 21-50288, appeal from W.D. Tex.
- per curiam (Stewart, Clement, Elrod), criminal, restitution, garnishment
- Affirming in part and reversing in part district court’s order of garnishment to enforce restitution portion of sentence on conviction of defrauding the government.
- Raspberry v. Lofton, 21-50449, appeal from W.D. Tex.
- per curiam (Smith, Stewart, Graves), prisoner suit
- Affirming dismissal of prisoner’s § 1983 and ADA claims.
- U.S. v. Vidana-Vidana, 21-50645, appeal from W.D. Tex.
- per curiam (Jolly, Willett, Engelhardt), criminal, sentencing
- Affirming risk-notification condition of supervised release as part of sentence for conviction of possession of marijuana with intent to distribute.
- U.S. v. Santos-Dubon, 21-50833, appeal from W.D. Tex.
- per curiam (Wiener, Dennis, Haynes), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Kiolbassa Provision Co. v. Travelers Property Casualty Company of America, 21-51033, appeal from W.D. Tex.
- per curiam (Davis, Elrod, Haynes), insurance
- Affirming district court’s summary judgment dismissal of plaintiff’s claim for insurance coverage for spoiled meat kept in a refrigerated trailer.
- U.S. v. Arsiniega-Navarette, 21-51082, appeal from W.D. Tex.
- per curiam (King, Costa, Ho), criminal, sentencing
- Affirming conviction and sentence for illegal reentry.
- Adamou v. Garland, 21-60165, petition for review of BIA order
- per curiam (King, Costa, Ho), immigration
- Denying in part and dismissing in part Nigerian citizen’s petition for review of BIA order dismissing her appeal from a decision of the Immigration Judge (IJ) concluding that she was ineligible for asylum, withholding of removal, and relief under the CAT.
- Masi v. Garland, 21-60458, petition for review of BIA order
- per curiam (Jolly, Willett, Engelhardt), immigration
- Denying Indian citizen’s petition for review of BIA order upholding the Immigration Judge’s denial of Singh Masi’s application for asylum, withholding of removal, and relief under the Convention Against Torture.
- Garcia-Alves v. Garland, 21-60517, petition for review of BIA order
- per curiam (Jolly, Willett, Engelhardt), immigration
- Denying in part and dismissing in part Angolan citizen’s petition for review of BIA order dismissing his appeal from a decision of the immigration judge (IJ) concluding that he was ineligible for asylum, withholding of removal, and relief under the CAT.
- Martinez-Hernandez v. Garland, 21-60604, petition for review of BIA order
- per curiam (Southwick, Oldham, Wilson), immigration
- Denying Honduran citizen’s petition for review of BIA order dismissing her appeal from a decision of the Immigration Judge (“IJ”) concluding that she was ineligible for asylum, withholding of removal, and relief under the Convention Against Torture.
- Williams v. Shaw, 21-60886, application for COA from S.D. Miss.
- per curiam (Stewart, Haynes, Ho), habeas corpus
- Denying COA from district court’s denial of § 2254 petition.
- U.S. v. Ramos-Guerrero, 21-60940, appeal from S.D. Miss.
- per curiami (King, Costa, Ho), criminal, sentencing
- Affirming 18-month sentence on revocation of supervised release.
Take the Fifth 