Young v. City of Houston, TX

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-20444 Conference Calendar JOSEPH YOUNG, Plaintiff-Appellant, versus CITY OF HOUSTON TEXAS; METROPOLITAN TRANSIT AUTHORITY; PLEASANTVILLE CIVIC LEAGUE; DENVER HARBOR CIVIC LEAGUE; PORT OF HOUSTON CIVIC LEAGUE; FIFTH WARD CIVIC LEAGUE CATHOLIC DIOCESE OF HOUSTON/GALVESTON; SOUTHERN BAPTIST CONVENTION; HOUSTON RECOVERY CAMPUS; CORRECTIONAL SERVICES CORP; CORRECTIONAL CORPORATION OF AMERICA; PROSPECT HOUSE/FULFILLMENT FOUNDATION; HOUSTON AFTERCARE; CHANNEL 13NEWS/ABC BROADCASTING CO; GEHOVA WITNESS ASSOCIATION; OPEN DOOR MISSION/BOARD OF DIRECTORS; TIMMY DANG CHICKEN AND RICE; SUPER MERCARDO FOOD MARKET; JERRY CRAWFORD, doing business as Jerry Crawford Real Estate; UNITED STATES POSTAL SERVICE; FEDERAL BUREAU OF INVESTIGATION; U.S. ATTORNEY'S OFFICE; JACK IN THE BOX INC., Defendants-Appellees. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-00-CV-2348 -------------------- December 12, 2001 Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges. PER CURIAM:* Joseph Young has appealed the district court's order dismissing his civil rights complaint as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). Young has limited his arguments on appeal to his claims against the City of Houston. We have * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 01-20444 -2- reviewed the record and Young's arguments on appeal and are unable to conclude that Young's allegations, if developed further, might present a nonfrivolous constitutional claim against the City of Houston. See Eason v. Thaler, 14 F.3d 8, 9 (5th Cir. 1994); see also Board of County Comm’rs of Bryan County, Okla. v. Brown, 520 U.S. 397, 404 (1997); Johnson v. Moore, 958 F.2d 92, 94 (5th Cir. 1992). Young's conclusional arguments do not demonstrate that the district court abused its discretion in dismissing his complaint as delusional and factually frivolous. See Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997) (standard of review). Because the appeal is frivolous, it is DISMISSED. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983); 5TH CIR. R. 42.2. Young's request for injunctive relief and all other outstanding motions are DENIED. APPEAL DISMISSED; ALL OUTSTANDING MOTIONS DENIED.