United States Court of Appeals for the Fifth Circuit

Summary Calendar Gary Lynn McDuff Petitioner— v. S. Robinson, Warden, Federal Correctional Institute Beaumont Low Respondent—

Novartis Pharmaceuticals Corporation Plaintiff— v. Lynn Fitch

Summary Calendar Mahmoud Mohamed Reda Mahmoud Moselhy v. Todd Wallace Blanche, Acting U.S. Attorney General

Summary Calendar Lawrence Isaac Browne; Randolph George Browne Plaintiffs— v. PHH Mortgage Corporation; Summit Funding Incorporated Defendants—

Pete v. Equifax, Inc.

The Fifth Circuit affirmed the dismissal of a pro se plaintiff's lawsuit after he failed to pay the required filing fee. The court held that the plaintiff waived his right to challenge the dismissal on appeal by failing to raise the issue in his brief.

United States v. Ruiz

The United States Court of Appeals for the Fifth Circuit granted a motion by the Federal Public Defender to withdraw from representing the defendant. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.

Olali v. Johnson

The Fifth Circuit affirmed the dismissal of a pro se plaintiff's Section 1983 challenge to a Texas discovery statute, holding that the Younger abstention doctrine bars federal intervention. The court ruled that the plaintiff had an adequate opportunity to raise his constitutional claims within the ongoing state criminal proceedings.

Linicomn v. Harris County Sheriff's Office

The Fifth Circuit affirmed the dismissal of a pro se plaintiff's Section 1983 claims, ruling that the proposed amended complaint failed to state a valid claim regardless of the district court's procedural error. The court held that the amendment was insufficient as a matter of law because it omitted the police department and failed to allege a Monell violation.

McCutchan v. Nicholson

The Fifth Circuit affirmed the dismissal of a constitutional challenge to a Texas statute limiting marriage solemnization to religious officials or judges. The court held that the plaintiff lacked Article III standing because he failed to allege concrete plans to perform a wedding ceremony in the county.

United States v. Lamberson

The Fifth Circuit affirmed the revocation of Kelley Lynn Lamberson's supervised release, finding no plain error in the district court's sentencing despite her claim that the court improperly relied on retributive factors. The court held that because the revocation was mandatory under 18 U.S.C. § 3583(g), the district court was not required to consider the retributive factors Lamberson cited, even if she had preserved the objection.