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Duvall v. Attorney General Office of Texas

United States Court of Appeals, Fifth Circuit
Apr 28, 2009
325 F. App'x 329 (5th Cir. 2009)

Opinion

No. 08-51000 Summary Calendar.

April 28, 2009.

David Donald DuVall, pro se.

Kimberly L. Fuchs, Office of the Attorney General Law Enforcement Defense Div, Austin, TX, Jennifer Kraber, Austin, TX, Daniel M. Castillo, U.S. Attorney's Office Western District of Texas, Austin, TX, for Defendants-Appellees.

Appeal from the United States District Court for the Western District of Texas, (07-CV-1017).

Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges.


David Donald DuVall appeals the dismissal of his claims and the imposition of sanctions by the United States District Court for the Western District of Texas. DuVall's claims emerge from his efforts to bring about the prosecution of his adversaries from a separate civil case that has been dismissed. In the instant case, the claims are that various government entities and individuals stymied DuVall by refusing to accept mail from him or to pursue criminal charges.

See DuVall v. Lowe's Companies, Inc., No. 07-cv-690 (W.D.Tex. Dec. 20, 2007), aff'd 278 Fed.Appx. 399 (5th Cir. 2008).

We review dismissals under Fed.R.Civ.P. 12(b)(1) and 12(b)(6) de novo. However, DuVall provides no meaningful arguments based in fact or in law for any of his alleged points of error, nor has he filed a reply brief in response to the briefs of his opponents. Our review of the judgment of the district court reveals no error. DuVall's factual offerings are deficient to state a claim as to any of the defendants-appellants, many of whom rightfully claim further immunities that would stand in the way of DuVall's suit.

Finally, DuVall offers no ground in fact or in law for overturning the imposition of sanctions, and therefore these too must stand.

The judgment of the district court is AFFIRMED.


Summaries of

Duvall v. Attorney General Office of Texas

United States Court of Appeals, Fifth Circuit
Apr 28, 2009
325 F. App'x 329 (5th Cir. 2009)
Case details for

Duvall v. Attorney General Office of Texas

Case Details

Full title:David Donald DUVALL, Plaintiff-Appellant v. ATTORNEY GENERAL OFFICE OF…

Court:United States Court of Appeals, Fifth Circuit

Date published: Apr 28, 2009

Citations

325 F. App'x 329 (5th Cir. 2009)

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