October 10, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Christmas v. Hooper, 23-30151, appeal from W.D. Tex.
    • Willett, J. (Elrod, Willett, Duncan), habeas corpus
    • Affirming denial of habeas relief, upholding district court’s judgment that the § 2254 petition was untimely.
    • The Court first held that the appeal was timely, based on district court’s determination that the petitioner had placed his request for a “return date” and an extension to file a “COA brief” in the prison mail system on the date that was the deadline for appeal, and deeming that request to be a notice of appeal.
    • The Court calculated that the petitioner had waited longer than a year after his conviction became final, accounting for the time while his state post-conviction relief request was pending; and that he was not entitled to equitable tolling.

Unpublished

  • Meeks v. DeBouse, 24-10431, appeal from N.D. Tex.
    • per curiam (Smith, Stewart, Duncan), prisoner suit
    • Affirming dismissal of Texas state prisoner’s § 1983 claims.
  • U.S. v. Risby, 23-11163, appeal from N.D. Tex.
    • per curiam (King, Southwick, Engelhardt), criminal, pretrial detention
    • Dismissing as moot appeal from denial of release pending sentencing.
  • U.S. v. Santos, 23-20559, appeal from S.D. Tex.
    • per curiam (Willett, Douglas, Morales, by designation), criminal, sentencing
    • Affirming 24-month sentence on revocation of supervised release.
  • Landscape Images Ltd. v. IberiaBank Corp., 24-30181, appeal from E.D. La.
    • per curiam (Higginbotham, Stewart, Haynes), CARES Act, lender liability
    • Affirming dismissal of suit brought by applicant for SBA loan under the CARES Act against bank for alleged failure to notify plaintiff of loan status, and affirming denial of motion to amend complaint.
  • Muse v. Louisiana, 23-30499, appeal from W.D. La.
    • per curiam (Willett, Douglas, Morales, by designation), employment discrimination, Title VII, res judicata
    • Affirming res judicata summary judgment dismissing plaintiff’s employment discrimination claims.
  • U.S. v. Walker, 23-30555, appeal from E.D. La.
    • per curiam (King, Southwick, Engelhardt), criminal, sentence reduction
    • Affirming denial of motion for sentence reduction.
  • U.S. v. Pierre, 23-30645, appeal from W.D. La.
    • per curiam (Higginbotham, Stewart, Haynes), criminal, sentencing
    • Affirming 348-month sentence on convictions of multiple drug and gun offenses.
  • Boudreaux v. Schlumberger Technology Corp., 22-30819, appeal from W.D. La.
    • per curiam (Stewart, Richman, Hanks, by designation), Fair Labor Standards Act
    • Dismissing for lack of appellate jurisdiction, due to a lack of final judgment, an appeal from a decertification order in plaintiffs’ FLSA wage claims.
  • Haynes v. Lee, 23-30926, appeal from W.D. La.
    • per curiam (Dennis, Southwick, Engelhardt), prisoner suit
    • Affirming dismissal of Louisiana state prisoner’s Heck-barred claims, and declining request to convert claims into a § 2254 petition.
  • H.L. v. Allen Independent School District, 24-40029, appeal from E.D. Tex.
    • per curiam (Clement, Graves, Ramirez), Individuals with Disabilities Education Act
    • Affirming summary judgment in favor of school district on plaintiff’s IDEA claims.
  • U.S. v. Chavarria-De Los Reyes, 23-50822, appeal from W.D. Tex.
    • per curiam (Barksdale, Stewart, Ramirez), criminal, sentencing
    • Affirming imposition of discretionary, no-contact condition of supervised release as part of sentence for illegal reentry.
  • U.S. v. Showen, 23-50881, appeal from W.D. Tex.
    • per curiam (King, Southwick, Engelhardt), criminal, sentencing
    • Affirming sentence on conviction of conspiracy to possess with intent to distribute methamphetamine.
  • U.S. v. Collette, 22-51062, appeal from W.D. Tex.
    • per curiam (Higginbotham, Stewart, Haynes), criminal
    • Affirming conviction for firearms possession.
  • Ma v. Garland, 24-60624, petition for review of BIA order
    • per curiam (King, Southwick, Engelhardt), immigration
    • Denying Chinese citizen’s petition for review of BIA order dismissing his appeal from an order of an Immigration Judge denying his application for asylum, withholding of removal, and relief under the Convention Against Torture.