Patterson v. Frazier

U.S. Court of Appeals for the Fifth Circuit

Patterson v. Frazier

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_______________________

Summary Calendar No. 01-51176 _______________________

DONALD J. PATTERSON, Plaintiff-Appellant,

versus

PHILLIP FRAZIER, ET AL.,

Defendants

PHILLIP FRAZIER; GARY M. POENISCH, Attorney at Law,

Defendants-Appellees. _______________________

Consolidated with No. 02-50160 _______________________

DONALD J. PATTERSON,

Plaintiff,

versus

PHILLIP FRAZIER, ET AL.,

Defendants. _______________________

DONALD J. PATTERSON,

Plaintiff-Appellant,

versus

1 HOUSING AUTHORITY OF THE CITY OF SAN ANTONIO, TEXAS; ET AL.,

Defendants,

LE ANN PIATT; DEBRA FLACH; SUSAN POLASEK; MARY JANE MENDEZ; RUBEN RODRIGUEZ; JESSICA LEON; VICTORIA PUFFER,

Defendants-Appellees. _______________________

Consolidated with No. 02-50161 _______________________

DONALD J. PATTERSON, Plaintiff-Appellant,

versus

PHILLIP FRAZIER; ET AL.,

Defendants,

JIMMY G. CRAWFORD, Fire Inspector; RICHARD V. MAZUCA, Fire Inspector; LUPE GUERRERO, #659 Code Compliance Officer; MARTIN RODRIGUEZ, Director of Code Compliance; RICHARD OLIVARES, Badge #1295, San Antonio Police Officer; HECTOR LOPEZ; MAGGIE GONZALEZ; ANDY GOMEZ; ROGER RODRIGUEZ; PATRICK POLOSKEY; HENRY ROSS, III; AUGUSTINE J. SANCHEZ; CORKEY CONTREL; HOWARD PEAK, City of San Antonio Mayor,

Defendants-Appellees. _______________________

Consolidated with No. 02-50238 _______________________

DONALD J. PATTERSON,

Plaintiff,

versus

2 PHILLIP FRAZIER, ET AL.,

Defendants. _______________________

DONALD J. PATTERSON,

Plaintiff-Appellant,

versus

HOUSING AUTHORITY OF THE CITY OF SAN ANTONIO, TEXAS; ET AL.,

Defendants,

HOUSING AUTHORITY OF THE CITY OF SAN ANTONIO, TEXAS; DEBRA FLACH; SUSAN POLASEK; RUBEN RODRIGUEZ,

Defendants-Appellees.

_________________________________________________________________

Appeals from the United States District Court for the Western District of Texas SA-01-CV-3, SA-01-CV-153 _________________________________________________________________ December 23, 2002

Before JONES, STEWART, and DENNIS, Circuit Judges.

PER CURIAM:*

Appellant Donald J. Patterson, appearing pro se, appeals the

dismissal of certain claims he brought under the Fair Housing Act

and the grant of summary judgment in favor of certain defendants on

other claims. Patterson also appeals the district court’s refusal

* 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.

3 to appoint counsel to represent him. Finding no reversible error,

we affirm.

In his complaint, Patterson brought claims under

18 U.S.C. § 241

,

18 U.S.C. § 245

,

42 U.S.C. § 3604

(f)(1),

42 U.S.C. § 3604

(f)(2), and

42 U.S.C. § 3617

. In response to a motion to

dismiss filed by some of the appellees under Federal Rule of Civil

Procedure 12(b)(6), the district court dismissed Patterson’s claims

under sections 241, 245, and 3604(f)(1) against the following

appellees: Le Ann Piatt, Deborah Flach, Susan Polasek, Mary Jane

Mendez, Ruben Rodriguez, Jessica Leon, Victoria Puffer, and the

Housing Authority of San Antonio. The district court also

dismissed Patterson’s section 3604(f)(2) claim against Piatt,

Polasek, Mendez, Leon, and Puffer. Further, the district court

dismissed Patterson’s section 3617 claims against Piatt, Flach,

Mendez, Ruben Rodriguez, Leon, and Puffer. The district court,

however, did not dismiss Patterson’s section 3617 claim against

Polasek, section 3604(f)(2) claims against Flach and Ruben

Rodriguez, and the claims against the Housing Authority based upon

the acts of Flach, Polasek, and Ruben Rodriguez.

In response to another motion to dismiss, the district court

dismissed all of Patterson’s claims against the following

appellees: Maggie Gonzales, Andy Gomez, Patrick Poloskey, Corkey

Cotrell, Augustine J. Sanchez, Henry Ross, III, Howard Peak, Jimmy

G. Crawford, Richard v. Mazuca, Lupe Guerrero, Martin Rodriguez,

4 Richard Olivares, Hector Lopez, and the City of San Antonio. The

district court dismissed the claims against these appellees based

on its holding that Patterson assigned his claims against these

appellees to Frazier and that Frazier had settled these claims.

Additionally, in response to a separate motion to dismiss, the

district court dismissed the claims against Polasek, Flach, Ruben

Rodriguez, and the Housing Authority of San Antonio, that had not

been previously dismissed because these claims had also been

assigned to Frazier and subsequently settled by Frazier. Also, the

district court granted summary judgment in favor of Phillip Frazier

and Gary Poensich (Frazier’s attorney) on all claims brought

against them by Patterson on the basis that Patterson’s claims

against them were barred under the doctrine of res judicata.

Having reviewed the briefs and record, we do not find that the

district court erred in dismissing Patterson’s claims.

Furthermore, we do not find that the district court abused its

discretion in refusing to appoint an attorney to represent

Patterson. Therefore, the judgment is AFFIRMED.

5

Reference

Status
Unpublished