Case: 18-11657 Document: 00515040666 Page: 1 Date Filed: 07/18/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 18-11657 United States Court of Appeals
Summary Calendar
Fifth Circuit
FILED
July 18, 2019
CAROL M. KAM, Lyle W. Cayce
Clerk
Plaintiff - Appellant
v.
JOHN B. PEYTON, JR.,
Defendant - Appellee
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:18-CV-1447
Before JONES, HIGGINSON, and OLDHAM, Circuit Judges.
PER CURIAM:*
This is an appeal from a district’s court dismissal, pursuant to the
Rooker-Feldman doctrine, of the Appellant’s claims relating to a probate
matter that was fully litigated, decided, and upheld in Texas state courts. The
Appellant filed a variety of pro se claims under 42 U.S.C. § 1983 against the
state judge who presided over the original probate matter, predicated upon the
Appellant’s theory that the judge was without jurisdiction to preside over the
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 18-11657 Document: 00515040666 Page: 2 Date Filed: 07/18/2019
No. 18-11657
dispute. The district court, upon the recommendation of a magistrate judge,
characterized the Appellant’s claims as a thinly-veiled collateral attack on the
state courts’ final judgment and dismissed the claims under the Rooker-
Feldman doctrine as articulated by this court in Phinizy v. State of Ala.,
847 F.2d 282, 284 (5th Cir. 1988). After a careful review of the parties’ briefs,
the district court’s decision, and applicable case law, this court AFFIRMS the
district court’s decision for substantially the same reasons articulated in the
magistrate’s Findings, Conclusions, and Recommendation and adopted by the
district court in that case.
2