Case: 10-50296 Document: 00511438247 Page: 1 Date Filed: 04/07/2011

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED April 7, 2011

No. 10-50296 Lyle W. Cayce Clerk

RAYMOND DESCH,

Plaintiff-Appellant v.

RICHARD WHEATLEY, SR., Individually and As Representative of 7701 Wurzbach Tower Council of Co-Owners, Incorporated; KENNETH SHANNON, Individually, and as Representative of 7701 Wurzbach Tower Council of Co-Owners, Incorporated; 7701 WURZBACH TOWER; DELORES ANN MOSELEY,

Defendants-Appellees

Appeal from the United States District Court for the Western District of Texas USDC No 5:08-CV-922

Before GARWOOD, GARZA and DENNIS, Circuit Judges. PER CURIAM:* The judgment of the district court is affirmed, essentially for the reasons stated in the January 19, 2010 Memorandum and Recommendation of the

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. Case: 10-50296 Document: 00511438247 Page: 2 Date Filed: 04/07/2011

No. 10-50296

United States Magistrate Judge, accepted, pursuant to

(b)(1), by the District Court in its March 18, 2010 judgment. AFFIRMED

2