U.S. Court of Appeals for the Fifth Circuit, 2019

Jonas Ybarra, Jr. v. TX Health and Human Services

Jonas Ybarra, Jr. v. TX Health and Human Services
U.S. Court of Appeals for the Fifth Circuit · Decided July 15, 2019

Jonas Ybarra, Jr. v. TX Health and Human Services

Opinion

Case: 18-40771 Document: 00515033620 Page: 1 Date Filed: 07/15/2019

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 18-40771 July 15, 2019 Lyle W. Cayce Clerk JONAS YBARRA, JR., Plaintiff–Appellant, versus TEXAS HEALTH AND HUMAN SERVICES COMMISSION; ADELA M. GONZALEZ; JAY WONG; JORGE PERRY; FERNANDO DE LUNA; MARIO GOMEZ, Defendants−Appellees.

Appeal from the United States District Court for the Southern District of Texas No. 1:17-CV-174

Before HIGGINBOTHAM, SMITH, and SOUTHWICK, Circuit Judges.

PER CURIAM: * Jonas Ybarra was fired first by U.S. Immigration and Customs Enforce- ment (“ICE”) and then by the Texas Health and Human Services Commission.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-40771 Document: 00515033620 Page: 2 Date Filed: 07/15/2019

No. 18-40771 He sued three of his former colleagues at ICE, the Commission, and two former coworkers at the Commission on various theories, including a Bivens remedy against the federal defendants and 42 U.S.C. § 1983 against the state defen- dants. He claimed retaliation, sex discrimination, and multiple violations of his civil rights and conversion of property.

The magistrate judge issued a comprehensive 27-page Report and Recommendation that recommended dismissal of all claims. The district court adopted the recommendation in a judgment of dismissal. Ybarra appeals as to some of the denied claims.

We have reviewed the briefs, pertinent parts of the record, and the applicable law and have heard the arguments of counsel. The judgment of dismissal is AFFIRMED, essentially for the reasons amply explained by the magistrate judge as to the issues that have been appealed.

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