Joe Young v. Candace Moore

Case: 18-40705 Document: 00515029162 Page: 1 Date Filed: 07/10/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-40705 FILED Summary Calendar July 10, 2019 Lyle W. Cayce Clerk JOE YOUNG, Plaintiff-Appellant v. CANDACE MOORE, Law Library, McConnell Unit; COREY FURR, Assistant Warden, McConnell Unit; VERONICA INMON, Classification, McConnell Unit; JOE GONZALEZ, JR., Guard, McConnell Unit; JANE AND JOHN DOES, McConnell Unit; JANET SALLES, Mailroom, McConnell Unit; JENNIFER SMITH, Mailroom Supervisor, Defendants-Appellees Appeal from the United States District Court for the Southern District of Texas USDC No. 2:16-CV-392 Before REAVLEY, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * Joe Young, Texas prisoner # 844264, appeals the summary judgment dismissal of his 42 U.S.C. § 1983 action against Texas Department of Criminal Justice employees Candace Moore and Corey Furr, who denied Young’s request to withdraw inmate trust account funds to cover filing fees in a probate matter, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 18-40705 Document: 00515029162 Page: 2 Date Filed: 07/10/2019 No. 18-40705 as a result of which Young asserts that he lost a house inherited from his mother. Young alleges that Moore and Furr acted out of retaliation after he filed several administrative grievances against them. Young does not brief, and has therefore waived, any challenge to the dismissal of his claims against defendants Inmon, Gonzalez, the Does, Salles, or Smith. See Brinkmann v. Dallas Cty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). We review a summary judgment de novo. See McFaul v. Valenzuela, 684 F.3d 564, 571 (5th Cir. 2012). Young fails to show a genuine factual dispute as to whether Moore’s and Furr’s denial of his funds request had a retaliatory animus. See FED. R. CIV. P. 56(a); Jones v. Greninger, 188 F.3d 322, 324-25 (5th Cir. 1999). The district court therefore did not err in granting summary judgment for Moore and Furr. See McFaul, 684 F.3d at 571. AFFIRMED. 2