Callegari v. Thomas, et al

Filing 920070719


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United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _______________________ No. 07-20010 Summary Calendar _______________________ SANDY RENE CALLEGARI, Individually and As Surviving Heir At Law, and Next of Kin of Mr. Sandy Leroy Booker Jr. Deceased, Plaintiff-Appellant, versus TOMMY THOMAS, In His Official Capacity as Sheriff of Harris County, Texas; HARRIS COUNTY TEXAS, Defendants-Appellees. July 19, 2007 Charles R. Fulbruge III Clerk Appeal from the United States District Court for the Southern District of Texas No. 4:06-CV-2843 Before JONES, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges. PER CURIAM:* The court has carefully reviewed this 1983 appeal in light of the briefs and pertinent parts of the record. so, we find no reversible error of law or fact. correctly concluded that the plaintiff Having done The district court to allege the failed existence of an official policy or custom attributable to Harris County. See Cox v. City of Dallas, 430 F.3d 734, 748-49 (5th Cir. 2006). The court also acted within its discretion by denying leave 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * to amend the complaint. See Goldstein v. MCI WorldCom, 340 F.3d We therefore AFFIRM for essentially 238, 254-55 (5th Cir. 2003). the reasons stated by the trial court. AFFIRMED. 2

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