Filed: Jan. 07, 2003
Latest Update: Feb. 21, 2020
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 02-20561 SUMMARY CALENDAR _ JUAN E. VENTURI Plaintiff - Appellant v. KENNETH STARLING; C. SILVA; N. A. WEIMAN, JR.; LEE P. BROWN, Mayor Defendants - Appellees _ On Appeal from the United States District Court for the Southern District of Texas, Houston Division (H-02-CV-11) _ January 6, 2003 Before REYNALDO G. GARZA, JONES, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:1 Juan E. Venturi filed a pro se complaint pursuant to 42 U.S.C. §
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 02-20561 SUMMARY CALENDAR _ JUAN E. VENTURI Plaintiff - Appellant v. KENNETH STARLING; C. SILVA; N. A. WEIMAN, JR.; LEE P. BROWN, Mayor Defendants - Appellees _ On Appeal from the United States District Court for the Southern District of Texas, Houston Division (H-02-CV-11) _ January 6, 2003 Before REYNALDO G. GARZA, JONES, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:1 Juan E. Venturi filed a pro se complaint pursuant to 42 U.S.C. § 1..
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UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_________________________
No. 02-20561
SUMMARY CALENDAR
_________________________
JUAN E. VENTURI
Plaintiff - Appellant
v.
KENNETH STARLING; C. SILVA; N. A. WEIMAN, JR.; LEE P. BROWN, Mayor
Defendants - Appellees
______________________________________________________________________________
On Appeal from the United States District Court for the
Southern District of Texas, Houston Division
(H-02-CV-11)
______________________________________________________________________________
January 6, 2003
Before REYNALDO G. GARZA, JONES, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:1
Juan E. Venturi filed a pro se complaint pursuant to 42 U.S.C. § 1983 alleging that several
state actors participated in a racially motivated conspiracy to deprive him of his constitutional
right to procedural and substantive due process. The defendants filed a motion to dismiss
Venturi’s complaint pursuant to FED. R. CIV. P. 12(b)(2), (4), (5), and (6). The district court
1
Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5th Cir. R.
47.5.4.
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granted the defendants’ motion without reasons and Venturi now appeals.
Asserting that the district court could not have based its dismissal on Rule 12(b)(2), (4),
or (5) because the 120-day period within which he had to perfect service upon the defendants had
not expired, Venturi argues that the district court erroneously dismissed his complaint pursuant to
Rule 12(b)(6). However, Venturi merely recites his conclusional factual allegations and provides
no legal analysis in support of his argument against a Rule 12(b)(6) dismissal.
Although this court construes pro se pleadings liberally, even pro se litigants must abide
by the Federal Rules of Appellate Procedure. See United States v. Wilkes,
20 F.3d 651, 653 (5th
Cir. 1994). By inadequately briefing this issue, see Yohey v. Collins,
985 F.2d 222, 224-25 (5th
Cir. 1993), Venturi has failed to show that the district court erred in dismissing his complaint.
AFFIRMED.
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