Larrew v. Barnes , 87 F. App'x 407 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 18, 2004
Charles R. Fulbruge III
Clerk
No. 03-10543
Conference Calendar
STEPHEN JAMES LARREW,
Plaintiff-Appellant,
versus
GEORGE M. BARNES, an individual; JOHN A. BEAUDUY,
an individual; PATRICIA DIAZ-HARTLINE, an individual;
JOHN CORNYN, an individual; SCOTT A. MCMICHAEL, an individual;
SOLOMON CASSEB, JR., an individual; BRENDA G. GREEN, an
individual; GEORGE R. COLLINS, an individual; DON KOONS,
an individual; THEO BEDARD, an individual; DEE MILLER,
an individual; MARIA N. STEIGENBERGER, an individual;
AMERICAN BAR ASSOCIATION, an association headquartered
in Illinois operating in Texas ex rel Robert E. Hirshon,
President; STATE BAR OF TEXAS, an association headquartered
in the State of Texas operating in Texas ex rel Tony Alverado,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:02-CV-01585
--------------------
Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Stephen James Larrew filed an action under the Racketeer
Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C.
§ 1961 et seq., accusing various state court judges, family court
*
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that this opinion should not be published and is not precedent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.
No. 03-10543
-2-
masters, the attorney general and his assistants, the attorney
who represented his ex-wife in their divorce proceedings and
ensuing litigation, the State Bar of Texas (“SBT”), and the
American Bar Association (“ABA”) of fraudulently depriving him of
his money and his business. Finding that Larrew’s RICO claim was
inextricably intertwined with his claim alleging that his divorce
decree was invalid, the district court dismissed the action
for lack of subject matter under the Rooker-Feldman** doctrine.
Larrew’s motion for disqualification of the judges of this
court based on their alleged membership in the ABA is DENIED.
See In re City of Houston, 745 F.2d 925, 929 n.8 (5th Cir. 1984).
In his opening brief on appeal, Larrew argues only that the
district court erroneously dismissed the ABA as a party defendant
because he had not properly and timely effected service of
process. By failing to brief the issue whether the district
court correctly dismissed his action under the Rooker-Feldman
doctrine, Larrew has abandoned that issue. See Haines v. Kerner,
404 U.S. 519, 520-21 (1972); Yohey v. Collins, 985 F.2d 222, 225
(5th Cir. 1993); United States v. Prince, 868 F.2d 1379, 1386
(5th Cir. 1989); Brinkmann v. Dallas County Deputy Sheriff Abner,
813 F.2d 744, 748 (5th Cir. 1987). Thus, the judgment of the
**
Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923);
District of Columbia Court of Appeals v. Feldman, 460 U.S. 462
(1983).
No. 03-10543
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district court dismissing Larrew’s RICO action is AFFIRMED.
We GRANT the SBT’s motion and award the SBT its reasonable
costs expended on this appeal. FED. R. APP. P. 39(a)(2). The SBT
is directed to file a verified bill of costs and an affidavit of
reasonable expenses with the Clerk of Court within 14 days after
entry of judgment. See FED. R. APP. P. 39.
MOTION FOR DISQUALIFICATION DENIED; JUDGMENT AFFIRMED;
APPELLEE DIRECTED TO FILE BILL OF COSTS AND AFFIDAVIT OF
REASONABLE EXPENSES.