Black vs. Bennett, (5th Cir. 1998)
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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .
R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 97-50955 Summary Calendar JOHN RUFUS BLACK, JR., Plaintiff-Appellant, versus TROY C. BENNETT, JR.; ABEL ACOSTA, also known as Unknown Deputy Clerk, Defendants-Appellees. Appeal from the United States District Court for the Western District of Texas USDC No. A-96-CV-97 December 7, 1998 Before KING, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM: * John Rufus Black, Jr., Texas state prisoner # 607439, has appealed the district courtÂ’s summary-judgment dismissal of his claims for monetary damages against Troy C. Bennett, Jr., Clerk of the Texas Court of Criminal Appeals; and Abel Acosta, a deputy clerk of that court. We AFFIRM.
BlackÂ’s action is based on the appelleesÂ’ refusal to file his motion for rehearing of the Texas courtÂ’s denial of his application for discretionary review of the affirmance of his criminal conviction and sentence. However, Black has failed to contest the district courtÂ’s ruling that the appellees are entitled to quasi-judicial immunity from liability for damages relative to appelleesÂ’ said refusal to file. See Antoine v. Byers & Anderson , 508 U.S. 429, 436 (1993); Williams v. Wood , 612 F.2d 982, 985 (5th Cir. 1980).
Black§ 1983 and his supplemental state-law claim that appellees intentionally inflicted emotional distress upon him. JUDGMENT AFFIRMED.
No. 97-50955
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This document cites
- U.S. Supreme Court - Antoine v. Byers & Anderson, Inc., 508 U.S. 429 (1993)
- U.S. Court of Appeals for the Fifth Circuit - Reginald Williams, Plaintiff-Appellant, v. Marie Wood, Defendant-Appellee. No. 78-2896. Summary Calendar. [Fn*], 612 F.2d 982 (5th Cir. 1980)
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