U.S. Court of Appeals for the Fifth Circuit, 2025

Cantu v. Moore

Cantu v. Moore
U.S. Court of Appeals for the Fifth Circuit · Decided January 6, 2025

Cantu v. Moore

Opinion

Case: 24-50311 Document: 31-1 Page: 1 Date Filed: 01/06/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-50311 Summary Calendar FILED ____________ January 6, 2025 Lyle W. Cayce Marco Alberto Cantu, Clerk Plaintiff—Appellant, versus J. Michael Moore, Defendant—Appellee. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 1:23-CV-1476 ______________________________ Before Higginbotham, Jones, and Oldham, Circuit Judges.

Per Curiam: * The court has reviewed the dismissal of plaintiffs’ case and finds no reversible error of law or fact. The district court properly dismissed pursuant to Fed. Rule Civ. Pro. 12(b)(6) for failure to state a plausible claim for injunctive relief, which would have allowed the Cantus to evade a state court _____________________ * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.

Case: 24-50311 Document: 31-1 Page: 2 Date Filed: 01/06/2025

No. 24-50311

injunction prohibiting them from further litigation against Moore. Plaintiffs never raised the constitutionality of the Texas Vexatious Litigation Statute in the district court, thus forfeiting the issue on appeal. Further, plaintiffs did not raise in the trial court any request to replead, an issue now also forfeited. Judgement AFFIRMED.

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