Case: 16-20265 Document: 00513646310 Page: 1 Date Filed: 08/22/2016

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-20265 FILED Summary Calendar August 22, 2016 Lyle W. Cayce STANLEY JOE POWELL, Clerk

Plaintiff - Appellant v. SHERIFF CHARLES WAGNER; JERRI YENNE; BRAZORIA COUNTY COLLECTION DEPARTMENT; BRAZORIA COUNTY, Defendants - Appellees

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:15-CV-2738

Before REAVLEY, OWEN, and ELROD, Circuit Judges.

PER CURIAM:* Stanley Powell filed a complaint with the clerk of the district court but never returned to obtain summons upon the defendants. He now writes that he gave notice to the defendants. The district judge has explained that the jurisdiction of the court awaits a properly served summons, as the clerk also informed Mr. Powell.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-20265 Document: 00513646310 Page: 2 Date Filed: 08/22/2016

No. 16-20265 The district court has properly dismissed the action, without prejudice.

Mr. Powell is not barred from other actions by this judgment.

AFFIRMED.