Elawyers Elawyers
Ohio| Change

Venturi v. Starling, 02-20561 (2003)

Court: Court of Appeals for the Fifth Circuit Number: 02-20561 Visitors: 7
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. §
More
                            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        Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5th Cir. R.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.

                                                 -1-
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.




                                                 -2-

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer