Givens v. Charles

• Court: Court of Appeals for the Fifth Circuit
• Decided: November 24, 2021
• Docket: 20-40262
• Status: Unpublished

Opinion

Case: 20-40262 Document: 00516107068 Page: 1 Date Filed: 11/24/2021

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED November 24, 2021 No. 20-40262 Lyle W. Cayce Summary Calendar Clerk

Henry Lee Givens,

Plaintiff—Appellant,

versus

Judge Alfonso Charles,

Defendant—Appellee.

Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:20-CV-14

Before Wiener, Dennis, and Haynes, Circuit Judges. Per Curiam:* Henry Lee Givens, currently inmate # 56032 of the Gregg County (Texas) Jail, appeals the district court’s dismissal of his 42 U.S.C. § 1983 suit. He fails to brief, and thus abandons, the threshold issues whether the district court erred by concluding that Younger v. Harris, 401 U.S. 37, 43-47 (1971)

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-40262 Document: 00516107068 Page: 2 Date Filed: 11/24/2021

No. 20-40262

abstention was applicable and that the only named defendant was not involved with the acts underlying the suit. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993); Brinkmann v. Dallas Cnty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). For the first time on appeal, Givens requests damages. Because he did not request that relief from the district court, he has waived it. See In re Deepwater Horizon, 857 F.3d 246, 251 (5th Cir. 2017) (“[A]rguments not raised before the district court are waived and cannot be raised for the first time on appeal.” (quoting LeMaire v. La Dep’t of Transp. & Dev., 480 F.3d 383, 387 (5th Cir. 2007))). Consequently, the judgment is AFFIRMED.