Jackson v. Daniel

Case: 22-50558 Document: 00516487024 Page: 1 Date Filed: 09/28/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 22-50558 September 28, 2022 Summary Calendar Lyle W. Cayce Clerk Billy Ray Jackson,

Plaintiff—Appellant, versus

Bryan Daniel, in his individual capacity; Julian

Alvarez, III, in his individual capacity; Aaron

Demerson, in his individual capacity,

Defendants—Appellees.

Appeal from the United States District Court for the Western District of Texas USDC No. 1:21-CV-1107

Before Jones, Haynes, and Oldham, Circuit Judges.

Per Curiam:*

Billy Ray Jackson filed a lawsuit under 42 U.S.C. § 1983 in forma pauperis contesting Texas’s withdrawal, under 15 U.S.C. § 9025(a)(1), from the supplemental unemployment benefits provided under the CARES Act.

Case: 22-50558 Document: 00516487024 Page: 2 Date Filed: 09/28/2022

No. 22-50558

Given that the statute expressly allows such a withdrawal upon providing thirty days’ written notice (which Texas did), the district court dismissed the case under 28 U.S.C. § 1915(e)(2)(B). Jackson’s appellate brief fails to demonstrate any error in this determination. We AFFIRM. Jackson’s motion for appointment of counsel is DENIED.