MARTINEZ v. TEXAS (2019)

United States Court of Appeals, Fifth Circuit.

Angel-Luis MARTINEZ, Jr., Plaintiff-Appellant v. State of TEXAS, Mike Waldman; Shelly Stimple; Mike Waldman; Shelly Strimple, Defendants-Appellees

No. 18-50997

Decided: June 12, 2019

Before DENNIS, CLEMENT, and OWEN, Circuit Judges.

Angel-Luis Martinez, Jr., Pro Se John Thomas Hawkins, Esq., Joe Anthony Rivera, Esq., Naman, Howell, Smith & Lee, P.L.L.C., Waco, TX, for Defendants-Appellees

Angel-Luis Martinez, Jr. filed an action in the district court challenging his Texas state court conviction for aggravated assault and sentence of fifty years imprisonment, and bringing claims against individuals for their alleged actions as prosecutors in obtaining the conviction. The district court dismissed the action pursuant to Federal Rule of Civil Procedure 12(b)(5) for insufficient service of process and Rule 12(b)(6) for failure to state a claim upon which relief can be granted. Martinez appealed. We now AFFIRM for the same reasons given by the district court.

FOOTNOTES

FOOTNOTE.

PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law