Opinion
No. 07-51196 Summary Calendar.
July 30, 2008.
James Kirby Swiney, New Braunfels, TX, for Plaintiff-Appellant.
Demetri Anastasiadis, Office of the Attorney General, Austin, TX, Deborah Herzberg Loomis, Sedgwick, Detert, Moran Arnold, Dallas, TX, Michael A. Shaunessy, Taline Manassian, Sheri R. Hunter, Sedgwick, Detert, Moran Arnold, Austin, TX, Charles Straith Frigerio, Hector X. Saenz, Law Offices of Charles S. Frigerio, San Antonio, TX, Ricardo Alberto Garcia, David, Van, OS Associates, San Antonio, TX, Michael J. Morris, Morris Allen, New Braunfels, TX, for Defendants-Appellees.
Appeal from the United States District Court for the Western District of Texas, USDC No. 5:06-CV-941.
Before STEWART, OWEN, and SOUTHWICK, Circuit Judges.
James Kirby Swiney, proceeding pro se, filed a complaint alleging violations of his civil rights and of his rights under the Americans with Disabilities Act ("ADA"). He also claims an unlawful seizure and deprivation of property.
The district court adopted the findings and recommendation of a magistrate judge to dismiss all of Swiney's claims. The district court found that two defendants had not been served with process, that some disputed property had been disbursed pursuant to a state court's order, that the law enforcement officers involved were entitled to qualified immunity, and that insufficient claims were stated under the ADA and for alleged violations of constitutional rights.
On appeal from the judgment, Swiney has submitted a brief identical to that which a panel of this court has already found to be without merit. Crull v. City New Braunfels, et al, 267 Fed.Appx. 338 (5th Cir. 2008) (unpublished). Although Swiney was not the appellant in the earlier decision, the appellant was involved in the same events on which Swiney has sued. The legal arguments in the two cases are the same and are no more availing today.
Essentially for the reasons stated by the magistrate and adopted by the district court, we AFFIRM.