Designated for publication
- Franklin v. U.S., 21-11104, appeal from N.D. Tex.
- King, J. (King, Elrod, Southwick), Elrod, J., concurring in judgment; tax, Freedom of Information Act, attorneys’ fees
- Affirming dismissal of claims challenging tax penalties, revocation of passport pursuant to penalties, and denial of award of attorneys’ fees under FOIA.
- The Court held that the district court correctly dismissed the plaintiff’s claims challenging the procedural validity of the tax penalty assessments under § 6751, as barred by the Anti-Injunction Act. The Court held that, while the plaintiff identified a number of procedural steps he argued were subject to procedural infirmities, he “necessarily includes a challenge to the assessment itself.”
- The Court upheld the district court’s 12(b)(6) dismissal of the plaintiff’s constitutional challenge to the FAST Act’s passport-revocation scheme. It held that strict scrutiny was not required under due process analysis for restrictions on international travel. It then held that, under either rational-basis review or intermediate scrutiny, the passport-revocation scheme is constitutional.
- The Court then held there was no abuse of discretion in the district court’s denial of FOIA attorneys’ fees. “Franklin’s lawsuit is far afield from the purposes for which FOIA, and its attorneys’ fees provision, were designed.”
- Pontchartrain Partners, L.L.C. v. Tierra de Los Lagos, L.L.C., 22-30286, appeal from E.D. La.
- per curiam (Stewart, Duncan, Wilson), breach of contract
- Affirming grant of defendant’s motion to dismiss anticipatory lawsuit and motion to transfer to Southern District of Texas.
- The Court held that the district court did not abuse its discretion in dismissing lawsuit that was filed in Louisiana federal court after first Texas-filed suit was voluntarily dismissed by the defendant in this case (plaintiff in the original suit), who informed plaintiff in this lawsuit (defendant in Texas suit) that it would be re-filing. The Court applied the six factors from Travelers Ins. Co. v. La. Farm Bureau Fed’n, Inc., 996 F.2d 774, 778 (5th Cir. 1993).
Unpublished
- Moler v. Baty, 19-31015, appeal from W.D. La.
- per curiam (Stewart, Duncan, Wilson), Bivens claim
- Affirming in part and vacating in part dismissal of Bivens claims, and remanding for further proceedings.
- U.S. v. Lopez-Guzman, 20-11177, appeal from N.D. Tex.
- per curiam (Stewart, Duncan, Wilson), criminal, sentencing
- Affirming 45-month sentence on conviction of illegal reentry.
- Dobbs v. Warden, 21-10657, appeal from N.D. Tex.
- per curiam (Richman, Higginbotham, Elrod), § 1983
- Affirming dismissal of § 1983 claim.
- U.S. v. Woodson, 21-11005, appeal from N.D. Tex.
- per curiam (Jolly, Oldham, Wilson), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Gomez-Santacruz, 21-11143, appeal from N.D. Tex.
- per curiam (King, Duncan, Engelhardt), criminal, sentencing
- Affirming 120-month sentence on conviction of illegal reentry.
- U.S. v. Cuatepotzo-Cortes, 21-50957, appeal from W.D. Tex.
- per curiam (Jones, Barksdale, Elrod), criminal, sentencing
- Affirming 14-month sentence on revocation of supervised release.
- U.S. v. Mark, 21-60649, appeal from S.D. Miss.
- per curiam (King, Jones, Smith), criminal
- Dismissing as frivolous appeal from denial of motion to correct statement of reasons.
- Zavala-Salgado v. Garland, 21-60736, petition for review of BIA order
- per curiam (Smith, Dennis, Southwick), immigration
- Denying Honduran citizens’ petition for review of BIA order upholding the denial of relief from removal.
- U.S. v. Evans, 21-60871, appeal from S.D. Miss.
- per curiam (Higginbotham, Duncan, Wilson), habeas corpus
- Denying COA from dismissal of § 2241 petition.
- U.S. v. Ruiz, 22-20140, appeal from S.D. Tex.
- per curiam (Smith, Dennis, Southwick), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
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