Duvall v. Attorney General Office of Texas

Fifth Circuit

Duvall v. Attorney General Office of Texas

325 F. App'x 329

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 29, 2009

Docket08-51000

StatusUnpublished

Cited by2 cases

This text of 325 F. App'x 329 (Duvall v. Attorney General Office of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Duvall v. Attorney General Office of Texas, 325 F. App'x 329 (5th Cir. 2009).

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Opinion

PER CURIAM: *

David Donald DuVall appeals the dismissal of his claims and the imposition of sanctions by the United States District Court for the Western District of Texas. DuVall’s claims emerge from his efforts to bring about the prosecution of his adversaries from a separate civil case that has been dismissed. 1 In the instant case, the claims are that various government entities and individuals stymied DuVall by refusing to accept mail from him or to pursue criminal charges.

We review dismissals under Fed. R.Civ.P. 12(b)(1) and 12(b)(6) de novo. However, DuVall provides no meaningful arguments based in fact or in law for any of his alleged points of error, nor has he filed a reply brief in response to the briefs of his opponents. Our review of the judgment of the district court reveals no error. DuVall’s factual offerings are deficient to state a claim as to any of the defendants-appellants, many of whom rightfully claim further immunities that would stand in the way of DuVall’s suit.

Finally, DuVall offers no ground in fact or in law for overturning the imposition of sanctions, and therefore these too must stand.

The judgment of the district court is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

1

. See DuVall v. Lowe's Companies, Inc., No. 07-cv-690 (W.D.Tex. Dec. 20, 2007), aff’d 278 Fed.Appx. 399 (5th Cir.2008).

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PER CURIAM: *

David Donald DuVall appeals the dismissal of his claims and the imposition of sanctions by the United States District Court for the Western District of Texas. DuVall’s claims emerge from his efforts to bring about the prosecution of his adversaries from a separate civil case that has been dismissed. 1 In the instant case, the claims are that various government entities and individuals stymied DuVall by refusing to accept mail from him or to pursue criminal charges.

We review dismissals under Fed. R.Civ.P. 12(b)(1) and 12(b)(6) de novo. However, DuVall provides no meaningful arguments based in fact or in law for any of his alleged points of error, nor has he filed a reply brief in response to the briefs of his opponents. Our review of the judgment of the district court reveals no error. DuVall’s factual offerings are deficient to state a claim as to any of the defendants-appellants, many of whom rightfully claim further immunities that would stand in the way of DuVall’s suit.

Finally, DuVall offers no ground in fact or in law for overturning the imposition of sanctions, and therefore these too must stand.

The judgment of the district court is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

1

. See DuVall v. Lowe's Companies, Inc., No. 07-cv-690 (W.D.Tex. Dec. 20, 2007), aff’d 278 Fed.Appx. 399 (5th Cir.2008).

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325 F. App'x 329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duvall-v-attorney-general-office-of-texas-ca5-2009.

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