Henderson v. Soifer

Case: 24-50860 Document: 66-1 Page: 1 Date Filed: 04/23/2025

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 24-50860 ____________ FILED April 23, 2025 Rickye Bernard Henderson, Sr., Lyle W. Cayce Clerk Plaintiff—Appellant, versus

Honorable Jan Soifer, Individually and in her official capacity as Judge of the 345th Judicial District of Travis County; Honorable Jessica Mangrum, Individually and in her official capacity as Judge of the 200th Judicial District of Travis County; Honorable Scott McCown, Individually and in his official capacity; Armbrust & Brown, P.L.L.C.; David King, Individually and in his official capacity as attorney; Guillermo Alarcon, Individually and in his official capacity as attorney; Honorable David Phillips, Individually and in his official capacity,

Defendants—Appellees. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 1:24-CV-771 ______________________________

Before Higginbotham, Jones, and Oldham, Circuit Judges.

Per Curiam: * Case: 24-50860 Document: 66-1 Page: 2 Date Filed: 04/23/2025

No. 24-50860

This appeal comes to us from Judge Pitman, who adopted Magistrate Judge Dustin Howell’s report and recommendation that the complaint be dismissed with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B). That sub- paragraph requires the court to dismiss the case if it determines that the action or appeal is frivolous or fails to state a claim on which relief may be granted. We find no basis to reverse the able district court’s decision. Accordingly, we AFFIRM.