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| Cardenas-Aguilar v. United States AG, No. 05-14218 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: Alien never mentioned any specific error of law or fact in BIA's prior removal order pursuant to 8 U.S.C.S. § 1229a(c)(5)(C), and he did not argue that BIA applied the wrong law. As he did not comply with reconsideration procedure, BIA's decision denying his motion to reconsider was not arbitrary or capricious or otherwise an abuse of discretion.
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| Doe v. Carnival Corp., No. 05-13906 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: A district court correctly held that plaintiff's personal injury action was barred by contract's statute of limitations where 46 U.S.C.S. app. § 183b(c) tolled the operation of the contractually shortened statute of limitations until plaintiff reached the age of majority, and plaintiff waited more than a year from that date to file the action.
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| Dominguez v. Metro. Miami-Dade County, No. 04-15852,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: Individual's Fourth Amendment excessive claim failed. "Flossing" individual four or five time with her underwear was not unduly repetitious. Individual's doctor determined "flossing" did not cause any bleeding, abrasions, or trauma. Using gloved female officer to pat down identified drug dealer evidenced that search was conducted in good faith.
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| Gamboa v. Am. Airlines, No. 05-13317 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: District court properly granted summary judgment to employer in employee's sex discrimination suit under the Florida Civil Rights Act; female employee failed to show that employer's reason for firing her and not disciplining a male co-worker whom she struck was pretext where the undisputed evidence showed that co-worker had not touched employee.
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| Jackson v. Equifax Inform Ation Servs., No. 05-11668 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: A consumer reporting agency properly was awarded summary judgment on a consumer's claims under 15 U.S.C.S. §§ 1681n and 1681o of FCRA where consumer did not produce any evidence showing he was damaged as a result of an allegedly inaccurate consumer report from the agency, as required to establish a prima facie violation of 15 U.S.C.S. § 1681e(b).
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| King v. Epstein, No. 05-14526 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: Buyers' § 1983 action against a seller who used county courts and sheriffs to satisfy their debts was properly dismissed for lack of subject matter jurisdiction because they did not allege that the seller, a private individual, illegally conspired with state actors and the Rooker-Feldman doctrine precluded jurisdiction over a county court judgment.
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| Medina v. United States, No. 05-13161 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: 28 U.S.C.S. § 2255 motion alleging ineffective assistance of counsel was properly denied; attorney's testimony that he informed inmate that he did not handle appeals was credible, inmate's testimony that he asked for appeal was not credible, and there was no evidence that inmate would have filed timely appeal if attorney consulted him about appeal.
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| Romanenkova v. United States AG, No. 05-12718 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: Review of an application for asylum was dismissed under 8 U.S.C.S. § 1158(a)(3) as the circuit court lacked review jurisdiction. The alien's claims for withholding of removal and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment were denied as she failed to show persecution.
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| Slattery v. Precision Response Corp., No. 05-14198 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: District court properly granted summary judgment to an employer on an employee's claim under the Equal Pay Act, 29 U.S.C.S. § 206(d), because the employee failed to establish a prima facie case as she failed to raise a genuine issue of material fact that her jobs required the same skill, effort, and responsibility as the jobs of her comparators.
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