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| Boulds v. Miles, No. 06-10721 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2007, Filed
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Overview: A district court's 28 U.S.C.S. § 1915A dismissal of a pro se state inmate's § 1983 complaint was vacated, and the case was remanded since the failure of prison officials to issue extra blankets on a cold night could violate the Eighth Amendment and the inmate sufficiently alleged a culpable state of mind.
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| Brackens v. Brackens, No. 06-30756 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2007, Filed
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| Cantrell v. McMahon, No. 06-30909 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2007, Filed
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Overview: Substantial evidence supported finding that disability claimant could perform full range of medium work with moderate limitations in his ability to do certain tasks; "moderate" was less severe than "marked," and ALJ, based on evidence, properly found that claimant's moderate limitations did not prevent him from performing some of his past work.
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| Castleberry v. CitiFinancial Mortg. Co., No. 06-10286 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2007, Filed
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Overview: A district court's dismissal of a pro se property owner's complaint without prejudice for the owner's failure to timely file an amended complaint was affirmed since the district court could not rule on the owner's untimely Fed. R. Civ. P. 59(e) motion and Fed. R. Civ. P. 60(b) did not provide relief for his misconstruction of Fed. R. Civ. P. 6(e).
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| Dibrell v. Huber, No. 06-20265 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2007, Filed
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| Ferguson v. La. Dep't of Pub. Safety & Corr. Bd. of Parole, No. 06-30233 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2007, Filed
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Overview: A district court's dismissal of a pro se state inmate's § 1983 complaint, which the district court construed as a 28 U.S.C.S. § 2254 petition, was affirmed because the inmate had not shown a constitutional violation; the inmate had no federal constitutional right to the reduction of his sentence, as a parole violator, for time spent on parole.
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| Hamlett v. GMAC, No. 06-20693 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2007, Filed
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Overview: A district court's entry of summary judgment in favor of an employer in an ADEA case was affirmed because the employee abandoned her contentions in her appellate brief, and even if she had established a prima facie case of discrimination, the employee failed to show that the employer's actions were pretextual.
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| Magee v. Gonzales, No. 05-61123 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2007, Filed
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| Minnifield v. La. Dep't of Educ., No. 06-30738 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2007, Filed
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Overview: Citizen's suit seeking injunctive relief and damages under 42 U.S.C.S. § 1983 in connection with high school's alleged unconstitutional use of a confederate rebel as a mascot was dismissed; citizen graduated in 1975 and his kids did not attend the school, and thus citizen lacked standing to pursue suit, and further, § 1983 claims were time barred.
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