Designated for publication Butler v. Porter, 19-30029, appeal from W.D. La. Haynes, J. (Owen, Dennis, Haynes), Bivens claim Affirming in part, affirming the district court’s dismissal of Bivens claim for First Amendment retaliation claims and for due process claims, and affirming the district court’s denial of motions to file surreply briefs and to file amended … More Take the Fifth: June 2-3, 2021 opinions
Unpublished U.S. v. Vasquez, 18-50497, appeal from W.D. Tex. per curiam (Graves, Willett, Duncan), criminal Granting Anders motion to withdraw, and dismissing appeal. McCollum v. Valdez, 19-10729, appeal from N.D. Tex. per curiam (Willett, Ho, Duncan), prisoner suit Dismissing appeal of prisoner’s § 1983 suit as frivolous. U.S. v. Cantu-Saldivar, 20-40187, appeal from S.D. Tex. … More Take the Fifth: May 25, 2021 opinions
Designated for publication Canfield v. Lumpkin, 18-10431, appeal from N.D. Tex. Owen, C.J. (Owen, Higginbotham, Willett), Higginbotham, J., dissenting; habeas corpus, ineffective assistance of counsel Affirming the district court’s denial of petitioner’s habeas claims based on ineffective assistance of counsel for failure to investigate and challenge a juror who displayed partiality during voir dire. The … More Take the Fifth: May 21 and 24, 2021 opinions
Unpublished Mills v. Adams County, Mississippi, 19-60829, appeal from S.D. Miss. per curiam (Wiener, Southwick, Duncan), prisoner suit Dismissing appeal for lack of jurisdiction due to untimely filed notice of appeal. U.S. v. Fernandez, 20-10479, appeal from N.D. Tex. per curiam (Graves, Willett, Duncan), criminal Granting Anders motion to withdraw, and dismissing appeal. U.S. v. … More Take the Fifth: May 13, 2021 opinions
Designated for publication Sanchez v. Smart Fabricators of Texas, LLC, 19-20506, appeal from S.D. Tex. Davis, J. (Owen, Davis, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson), Dennis, J., concurring; Jones Act, maritime law, Longshore and Harbor Worker’s Compensation Act In this en banc decision, a unanimous … More Take the Fifth: May 11, 2021 opinions
Unpublished Coleman v. Groom, 19-11227, appeal from N.D. Tex. per curiam (Higginbotham, Smith, Oldham), § 1983 Dismissing as frivolous district court’s dismissal of claims arising from mercury spill in U.S. Post Office. Thompson v. Sharad, 19-20013, appeal from S.D. Tex. per curiam (Higginbotham, Jones, Costa), prisoner suit Affirming dismissal of suit filed by prisoner arising … More Take the Fifth: May 10, 2021 opinions
Designated for publication U.S. v. Smith, 20-50304, appeal from W.D. Tex. Haynes, J. (King, Smith, Haynes), Smith, J., dissenting; criminal, guilty plea, firearms violation Vacating guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g) based on on factual basis that defendant’s only interaction with firearm was … More Take the Fifth: May 5, 2021 opinions
Unpublished U.S. v. Lara-Benito, 19-41002, appeal from E.D. Tex. per curiam (Davis, Elrod, Oldham), criminal Granting Anders motion to withdraw, and dismissing appeal. Florence v. Lumpkin, 19-41036, appeal from S.D. Tex. per curiam (Willett, Ho, Duncan), prisoner suit Dismissing appeal of dismissal of prisoner suit, for lack of timely notice of appeal. U.S. v. Renteria-Patino, … More Take the Fifth: May 4, 2021 opinions
Designated for publication White v. U.S. Corrections, LLC, 19-51074, appeal from W.D. Tex. Wilson, J. (Elrod, Duncan, Wilson), Fair Labor Standards Act Reversing district court’s 12(b)(6) dismissal of plaintiff’s overtime claim under the FLSA, holding that, while the Motor Carrier Act (“MCA”) exemption from the FLSA governed the plaintiff’s job transporting prisoners for the defendant, … More Take the Fifth: May 3, 2021 opinions
Unpublished Garcia v. Harlingen County, 19-40860, appeal from S.D. Tex. per curiam (Jolly, Elrod, Graves), prisoner suit Affirming dismissal of prisoner suit as frivolous. U.S. v. Clark, 20-10364, appeal from N.D. Tex. per curiam (Jones, Costa, Duncan), habeas corpus, firearms violation Reversing district court’s denial of successive § 2255 petition, and vacating conviction under 18 … More Take the Fifth: April 27, 2021 opinions
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