Josey v. Bell County Texas , 90 F. App'x 78 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS March 22, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-50773
Summary Calendar
JOHN T. JOSEY,
Plaintiff-Appellant,
versus
BELL COUNTY TEXAS, RICK MILLER, County Attorney;
DAN SMITH, Sheriff, JANE DOE, Secretary; R. W. PATTERSON,
Jail Administrator; BELL COUNTY LAW ENFORCEMENT CENTER;
PENNYBAKER, Corporal; FNU ANDREWS, Officer; FNU MINTER,
Officer; PLANAS, Officer; FISCHBACH; FNU MARTINEZ, Officer,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-02-CV-365
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Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
John T. Josey filed a complaint pursuant to 42 U.S.C. § 1983alleging that, while he was being housed at the Bell County Law
Enforcement Center as a pre-trial detainee, various prison
officials and governmental entities violated his civil rights.
Josey’s complaint also contained several state law claims.
*
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that this opinion should not be published and is not precedent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. 03-50773
-2-
The district court dismissed Josey’s complaint with prejudice for
failure to state a claim pursuant to FED. R. CIV. P. 12(b)(6), and
Josey timely appealed.
Josey has filed a motion to compel this court to acknowledge
that his handwritten appellate brief was compliant with the rules
of this court. That motion is GRANTED. All of Josey’s other
outstanding motions before this court are DENIED.
Liberally construed, Josey has presented an argument that
the district court erred in dismissing his complaint for failure
to state a claim. After a de novo review of the record and the
briefs before us, we conclude that the district court correctly
dismissed Josey’s complaint pursuant to FED. R. CIV. P. 12(b)(6).
See Lowrey v. Texas A & M Univ. Sys., 117 F.3d 242, 246 (5th Cir.
1997); Fernandez-Montes v. Allied Pilots Ass’n, 987 F.2d 278, 284
(5th Cir. 1993); Manax v. McNamara, 842 F.2d 808, 812 (5th Cir.
1988).
AFFIRMED.