Ruiz-Ramirez v. El Chalala

• Court: Court of Appeals for the Fifth Circuit
• Decided: November 13, 2023
• Docket: 23-40055
• Status: Unpublished

Opinion

Case: 23-40055 Document: 00516965227 Page: 1 Date Filed: 11/13/2023

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

____________ FILED November 13, 2023 No. 23-40055 Lyle W. Cayce Summary Calendar Clerk ____________

Irma Ruiz-Ramirez,

Plaintiff—Appellant,

versus

El Chalala, Incorporated; Rosemary Gonzalez; Mark Anthony Gonzalez,

Defendants—Appellees. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:21-CV-125 ______________________________

Before Clement, Duncan, and Douglas, Circuit Judges. Per Curiam: * Irma Ruiz-Ramirez appeals the denials of her motions for default judgment and the dismissal of her pro se civil action. After considering Ruiz- Ramirez’s arguments, we affirm the denial of her motions for a default

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-40055 Document: 00516965227 Page: 2 Date Filed: 11/13/2023

No. 23-40055

judgment. See Brinkmann v. Dallas Cnty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). As for the dismissal of her civil action, Ruiz-Ramirez has abandoned any challenge to the district court’s rulings concerning the Thirteenth Amendment as well as the Sherman and Clayton Acts by failing to brief them. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993). Concerning the rulings that Ruiz-Ramirez has addressed, the district court properly dismissed her claims under 42 U.S.C. §§ 1981, 1983, 1985, and 1986, and under the Racketeer Influenced and Corrupt Organizations Act. Furthermore, we agree that Ruiz-Ramirez has not established diversity jurisdiction, see Smith v. Toyota Motor Corp., 978 F.3d 280, 281-82 (5th Cir. 2020), or any right to expert fees under 42 U.S.C. § 1988, see Buckhannon Bd. and Care Home, Inc. v. W. Va. Dep’t of Health and Human Res., 532 U.S. 598, 603 (2001). Accordingly, the judgment of the district court is AFFIRMED.