Hunter v. Martinez

Fifth Circuit

Hunter v. Martinez

345 F. App'x 18

CourtCourt of Appeals for the Fifth Circuit

DecidedAugust 18, 2009

Docket08-10938

StatusUnpublished

Cited by1 cases

This text of 345 F. App'x 18 (Hunter v. Martinez) 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.

Bluebook

Hunter v. Martinez, 345 F. App'x 18 (5th Cir. 2009).

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Opinion

PER CURIAM: *

Denise and Donald Hunter appeal the district court’s dismissal of their pro se “mortgage fraud complaint” for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1). The district court found that the Hunters’ reliance on two federal criminal statutes as a premise for federal question jurisdiction over their civil lawsuit was without merit as the statutes in question, 18 U.S.C. §§ 1001 and 1002, did not provide for a personal cause of action.

On appeal, the Hunters argue the merits of their civil suit and contend that their complaint stated a claim upon which relief could be granted. The Hunters also state that the defendants’ actions rose to the level of an “organized mortgage fraud crime,” but the Hunters wholly fail to address the district court’s finding that there was no subject matter jurisdiction in the federal court for their complaint because the federal criminal statutes in question *19 did not provide for a personal cause of action.

When an appellant fails to identify any error in the district court’s analysis, it is the same as if the appellant had not appealed that issue. Brinkmann v. Dallas County Sheriff Abner, 813 F.2d 744, 748 (5th Cir.1987). Although pro se briefs are afforded liberal construction, Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972), arguments must be briefed in order to be preserved. Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.1993). The Hunters have abandoned any challenge to the district court’s dismissal of them complaint on jurisdictional grounds. See Brinkmann, 813 F.2d at 748. Consequently, the appeal lacks any issue of arguable merit, see Howard v. King, 707 F.2d 215, 220 (5th Cir.1983), and it is DISMISSED as frivolous. See 5th Cir. R. 42.2.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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PER CURIAM: *

Denise and Donald Hunter appeal the district court’s dismissal of their pro se “mortgage fraud complaint” for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1). The district court found that the Hunters’ reliance on two federal criminal statutes as a premise for federal question jurisdiction over their civil lawsuit was without merit as the statutes in question, 18 U.S.C. §§ 1001 and 1002, did not provide for a personal cause of action.

On appeal, the Hunters argue the merits of their civil suit and contend that their complaint stated a claim upon which relief could be granted. The Hunters also state that the defendants’ actions rose to the level of an “organized mortgage fraud crime,” but the Hunters wholly fail to address the district court’s finding that there was no subject matter jurisdiction in the federal court for their complaint because the federal criminal statutes in question *19 did not provide for a personal cause of action.

When an appellant fails to identify any error in the district court’s analysis, it is the same as if the appellant had not appealed that issue. Brinkmann v. Dallas County Sheriff Abner, 813 F.2d 744, 748 (5th Cir.1987). Although pro se briefs are afforded liberal construction, Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972), arguments must be briefed in order to be preserved. Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.1993). The Hunters have abandoned any challenge to the district court’s dismissal of them complaint on jurisdictional grounds. See Brinkmann, 813 F.2d at 748. Consequently, the appeal lacks any issue of arguable merit, see Howard v. King, 707 F.2d 215, 220 (5th Cir.1983), and it is DISMISSED as frivolous. See 5th Cir. R. 42.2.

*

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.

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345 F. App'x 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunter-v-martinez-ca5-2009.

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