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| Bryan v. Chertoff, No. 05-51259 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 29, 2007, Filed
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Overview: Employee's Title VII retaliation claim failed; decisionmaker in disciplinary proceeding did not know that employee had initiated discrimination complaints, and further, Secretary of the Department of Homeland Security offered legitimate, non-retaliatory reason for disciplinary action, which was that employee had violated workplace regulations.
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| Conner v. Quarterman, No. 05-70021,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 29, 2007, Filed
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Overview: State court's decision was not objectively unreasonable because inmate could not show prejudice resulting from his counsel's alleged deficiency in not reviewing his medical history. The inmate had done nothing to lessen the impact of the other evidence against him, including his fingerprints on a bottle near the cash register of the grocery store.
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| Groden v. Allen, No. 06-10021 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 29, 2007, Filed
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Overview: A pro se individual's motion to proceed in forma pauperis (IFP) was denied because he had already been sanctioned and his appeal and his motion to proceed IFP were frivolous and without arguable merit. The individual was ordered to pay $ 500 as a sanction, and was barred from additional filings until the sanction was paid.
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| Osabede v. Gonzales, No. 06-60184 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 29, 2007, Filed
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| Peoples State Bank v. GE Cap. Corp. (In re Ark-La-Tex Timber Co.), No. 06-30105,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 29, 2007, Filed
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Overview: A corporation was entitled to be restored to funds disbursed to a bank, a competing creditor, as the payment of a thing not due. The court rejected the bank's arguments, each of which asserted that the corporation failed to present a prima facie case of payment of a thing not due, as required under La. Civ. Code Ann. art. 2299.
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| Rhodes v. City of Arlington, No. 06-10640 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 29, 2007, Filed
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Overview: In an interlocutory appeal of a district court's denial of a city's Fed. R. Civ. P. 12(b)(6) motion to dismiss on the basis of absolute immunity under the Texas Tort Claims Act, the appellate court declined to write separately to any extent and affirmed the district court's decision for the reasons stated by a magistrate judge.
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| Richardson v. United States Postal Serv., m 06-30729 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 29, 2007, Filed
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Overview: Summary judgment in favor of a former federal employer was affirmed because, inter alia, a former federal employee's Title VII race discrimination failed as he did not show that the employer's reason for its adverse action was pretextual, and the employee did not show that he was disabled under the Rehabilitation Act.
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| United States v. Ryan, No. 06-10224 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 29, 2007, Filed
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Overview: A pro se inmate was granted a COA on his ineffective assistance of counsel claim, and the district court's denial of his 28 U.S.C.S. § 2255 motion was vacated, and the case was remanded because the inmate was entitled to an evidentiary hearing on his claim; the records and filed of the case did not show that he was entitled to no relief.
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| United States v. Williams, No. 06-30355 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 29, 2007, Filed
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