Garcia v. Gray
Garcia v. Gray
Opinion
Case: 24-50967 Document: 30-1 Page: 1 Date Filed: 06/11/2025
United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-50967 Summary Calendar FILED ____________ June 11, 2025 Lyle W. Cayce Doloris Lynn Garcia, Clerk Plaintiff—Appellant, versus David Gray; Holly Manahan; Leslie Dunn, Defendants—Appellees. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 1:24-CV-1049 ______________________________ Before Jolly, Graves, and Oldham, Circuit Judges.
Per Curiam: * Plaintiff-appellant, Dolores Lynn Garcia, proceeding pro se and in forma pauperis, filed a 42 U.S.C. § 1983 lawsuit against three of her former co-workers after she was terminated from her job as a school bus driver.
Specifically, she asserted that her Fourth, Eighth, Ninth, and Fourteenth Amendment rights had been violated. After finding that Garcia failed to _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.bahu Case: 24-50967 Document: 30-1 Page: 2 Date Filed: 06/11/2025
No. 24-50967
plead adequately any constitutional violations, the district court sua sponte dismissed her complaint under 28 U.S.C. § 1915(e)(2)(B). 1 Garcia now appeals the district court’s dismissal, arguing that her constitutional rights were, in fact, violated; that her complaint was dismissed in violation of her Seventh Amendment right to a jury trial; and that the district court was biased. Finding no error in the district court’s analysis and no merit in Garcia’s arguments, we AFFIRM.
_____________________ This provision empowers a district court to sua sponte dismiss an IFP case if it is (1) “frivolous or malicious,” (2) “fails to state a claim on which relief may be granted,” or (3) “seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.