Designated for publication
- BNSF Railway Co. v. Federal Railroad Administration, 22-60217, petition for review of Federal Railroad Administration Order
- Smith, J. (Jones, Smith, Graves), administrative law
- Granting petition for review of Federal Railroad Administration refusal to grant waiver of standard track-inspection regulations so BNSF could test new technology, vacating FRA’s refusal order, and remanding.
- Following successful waivers and tests of automated track inspection technology, the FRA denied a waiver-request for wider implementation. However, the Court found that “here, the agency has barely articulated any basis at all. The paucity of reasoning is especially glaring in the face of the agency’s statutory mandate to prioritize safety,” where BNSF’s automated track inspection technology, coupled with targeted visual inspection, had been shown to be safer and more efficient than the mandated visual inspection alone. The Court held that the “FRA is thus duty-bound to provide further justification for its rejection of the technology’s expansion,” vacated the order rejecting the waiver request, and remanded for further explanation of the FRA decision.
Unpublished
- Estes v. Eastridge, 20-10964, appeal from N.D. Tex.
- Jolly, J. (Jolly, Haynes, Graves), prisoner suit
- Dismissing as frivolous appeal from dismissal of Texas state prisoner’s § 1983 claims.
- Irby v. Hinkle, 21-40621, appeal from S.D. Tex.
- per curiam (Jones, Willett, Douglas), prisoner suit
- Affirming summary judgment in favor of prison doctor on Texas state inmate’s § 1983 claim.
- U.S. v. Garza, 21-40759, appeal from S.D. Tex.
- per curiam (Smith, Dennis, Southwick), criminal, sentencing
- Affirming conviction on Hobbs Act robbery and 78-month sentence on that count, but vacating conviction of discharge of a firearm during commission of a crime of violence and 120-month sentence on that count, and remanding for resentencing.
- Olive v. Warden FMC Fort Worth, 22-10162, appeal from N.D. Tex.
- per curiam (Smith, Southwick, Douglas), habeas corpus
- Affirming dismissal of § 2241 petition.
- McCloud v. McDonough, 22-10357, appeal from N.D. Tex.
- per curiam (Jones, Dennis, Willett), employment discrimination
- Affirming summary judgment dismissal of hostile work environment claims.
- U.S. v. Berger, 22-10431, appeal from N.D. Tex.
- per curiam (Smith, Southwick, Douglas), criminal, sentencing
- Affirming 60-month sentence on conviction of conspiracy to acquire firearms fraudulently.
- Phillips v. Cowie, 22-10767, appeal from N.D. Tex.
- per curiam (Wiener, Elrod, Engelhardt), prisoner suit
- Dismissing as frivolous appeal from dismissal of Texas state prisoner’s § 1983 claims.
- Reddin v. Kijakazi, 22-30384, appeal from W.D. La.
- per curiam (Wiener, Elrod, Engelhardt), social security
- Affirming social security administrator’s decision that plaintiff is not entitled to disability benefits or supplemental social security income.
- Baylor v. Plavapu, 22-40153, appeal from E.D. Tex.
- per curiam (Jones, Stewart, Haynes), Federal Tort Claims Act
- Affirming dismissal of former federal inmate’s FTCA claim against prison-contracted doctor, for failure to exhaust administrative remedies under the Civil Rights of Institutionalized Persons Act.
- U.S. v. Garcia, 22-40397, appeal from S.D. Tex.
- per curiam (Wiener, Elrod, Engelhardt), criminal, sentencing
- Affirming 188-month sentence on conviction of threatening to kidnap with intent to extort and injure another, with sentencing enhancement for use of a firearm.
- U.S. v. Angel-Felix, 22-50803, appeal from W.D. Tex.
- per curiam (Davis, Duncan, Engelhardt), criminal, sentencing
- Affirming sentence on conviction of illegal reentry.
- Portillo-Villanueva v. Garland, 22-60317, petition for review of BIA order
- per curiam (Davis, Duncan, Engelhardt), immigration
- Denying in part and dismissing in part Honduran citizen’s petition for review of BIA order denying motion to reconsider denial of motion to reopen and rescind absentia removal order.
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