407 F. App'x 794
5th Cir.2011Background
- Clark, proceeding pro se and in forma pauperis, appeals district court's dismissal of claims against over forty defendants.
- On November 19, 2009, Clark filed a complaint naming numerous private individuals and public entities as defendants.
- The district court dismissed for failure to state a claim and for lacking any arguable basis in law or fact under 28 U.S.C. § 1915(e)(2)(B)(i).
- On appeal Clark for the first time cites § 1983 but identifies only one nonparty judge as liable and presents a rambling narrative.
- Rule 28 compliance issues are raised: Clark's brief lacks proper issue presentation and legal citations; the issues are deemed abandoned.
- The Fifth Circuit affirms the district court's dismissal as to all asserted claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rule 28 compliance and issue preservation | Clark argues issues were properly raised in the brief. | Court found the brief noncompliant and abandoned the issues. | Issues deemed abandoned; affirmed. |
| Adequacy of dismissal under § 1915(e)(2)(B)(i) | Allegations stated cognizable claims against many defendants. | Pleadings were unintelligible and frivolous; lacked basis to state a claim. | District court properly dismissed. |
| State of § 1983 claims | Plaintiff asserts civil rights violations under § 1983 against various defendants. | Claims not properly pleaded; no proper party defendants identified. | § 1983 claims not properly stated; dismissal affirmed. |
Key Cases Cited
- Beaumont v. 972 F.2d 553, 972 F.2d 553 (5th Cir. 1992) (abusive and rambling pleadings can justify dismissal)
- Longoria v. Dretke, 507 F.3d 898 (5th Cir. 2007) (liberal construction of pro se briefs with compliance requirements)
- Grant v. Cuellar, 59 F.3d 523 (5th Cir. 1995) (pro se litigants must still brief issues and cite authorities)
