Benedict Emesowum v. Adam Zeldes, et al

Filing

UNPUBLISHED OPINION FILED. [16-50906 Affirmed] Judge: FPB, Judge: LHS, Judge: GJC. Mandate pull date is 10/06/2017 [16-50906]

Case: 16-50906

Document: 00514157882

Page: 1

Date Filed: 09/15/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-50906
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
September 15, 2017
Lyle W. Cayce
Clerk

BENEDICT EMESOWUM,
Plaintiff-Appellant
v.

ADAM ZELDES; JOHN DOE; CITY OF SAN ANTONIO; GRANT
RUEDEMANN,
Defendants-Appellees
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:15-CV-831
Before BENAVIDES, SOUTHWICK, and COSTA, Circuit Judges.
PER CURIAM: *
Benedict Emesowum appeals the dismissal without an evidentiary
hearing of his 42 U.S.C. § 1983 suit arising from his arrest at a bus terminal
and claiming that the defendants violated his constitutional rights in several
regards. He does not challenge the district court’s several motion rulings
contained in the order at issue and has, therefore, abandoned any such

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-50906

Document: 00514157882

Page: 2

Date Filed: 09/15/2017

No. 16-50906
challenges. See Yohey v. Collins, 985 F.2d 222, 225 (5th Cir. 1993) (recognizing
that even pro se litigants must brief arguments to preserve them); FED. R. APP.
P. 28(a)(8).
We review the dismissal for failure to state a claim de novo, applying the
standard used to review a dismissal under Federal Rule of Civil Procedure
12(b)(6). Hart v. Hairston, 343 F.3d 762, 763-64 (5th Cir. 2003). Emesowum,
whose brief consists of conclusory assertions and is entirely devoid of record
citations, fails to show that the district court erred. See id.
AFFIRMED.

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