Case: 18-40853 Document: 00514849734 Page: 1 Date Filed: 02/25/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-40853 FILED Summary Calendar February 25, 2019 Lyle W. Cayce Clerk MICHAEL HABINIAK, Plaintiff–Appellant v. MNB VENTURES, INCORPORATED, each in their individual capacity; TEXAS NATIONAL BANK, each in their individual capacity; HERIBERTO ALANIS, each in their individual capacity; HECTOR GUERRA, SR., each in their individual capacity; HECTOR GUERRA, JR., each in their individual capacity; CANDELARIO ONTIVEROS, each in their individual capacity; JOE QUIROGA, each in their individual capacity; ABEL RODRIGUEZ, each in their individual capacity; ATLAS, HALL & RODRIGUEZ, L.L.P., each in their individual capacity; KITTLEMAN THOMAS LAW FIRM, each in their individual capacity; C. WESLEY KITTLEMAN, each in their individual capacity; CARLOS M. YZAGUIRRE, each in their individual capacity; GUERRA LAW GROUP, each in their individual capacity; CARLOS L. GUERRA, each in their individual capacity; DAVID J. LUMBER, each in their individual capacity; MARIO E. RAMIREZ, JR., each in their individual capacity; JAMES P. GRISSOM, each in their individual capacity; WILLIAM A. CSABI, each in their individual capacity; DAVID J. BRADLEY, each in their individual capacity; MICAELA ALVAREZ, each in their individual capacity; MISSY MEDARY, each in their individual capacity; LAURA HINOJOSA, each in their individual capacity; CHARLES MURRAY, each in their individual capacity; RANDY CRANE, U.S. District Judge, each in their individual capacity, Defendants–Appellees Case: 18-40853 Document: 00514849734 Page: 2 Date Filed: 02/25/2019 No. 18-40853 Appeal from the United States District Court for the Southern District of Texas USDC No. 7:17-CV-343 Before SMITH, WIENER, and WILLETT, Circuit Judges. PER CURIAM:* AFFIRMED. See 5TH CIR. R. 47.6. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2