Patterson v. Frazier ( 2002 )

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________________
Summary Calendar
No. 01-51176
_______________________
DONALD J. PATTERSON,
Plaintiff-Appellant,
versus
PHILLIP FRAZIER, ET AL.,
Defendants
PHILLIP FRAZIER; GARY M. POENISCH, Attorney at Law,
Defendants-Appellees.
_______________________
Consolidated with
No. 02-50160
_______________________
DONALD J. PATTERSON,
Plaintiff,
versus
PHILLIP FRAZIER, ET AL.,
Defendants.
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DONALD J. PATTERSON,
Plaintiff-Appellant,
versus
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HOUSING AUTHORITY OF THE CITY OF SAN ANTONIO, TEXAS; ET AL.,
Defendants,
LE ANN PIATT; DEBRA FLACH; SUSAN POLASEK; MARY JANE MENDEZ; RUBEN
RODRIGUEZ; JESSICA LEON; VICTORIA PUFFER,
Defendants-Appellees.
_______________________
Consolidated with
No. 02-50161
_______________________
DONALD J. PATTERSON,
Plaintiff-Appellant,
versus
PHILLIP FRAZIER; ET AL.,
Defendants,
JIMMY G. CRAWFORD, Fire Inspector; RICHARD V. MAZUCA, Fire
Inspector; LUPE GUERRERO, #659 Code Compliance Officer; MARTIN
RODRIGUEZ, Director of Code Compliance; RICHARD OLIVARES, Badge
#1295, San Antonio Police Officer; HECTOR LOPEZ; MAGGIE GONZALEZ;
ANDY GOMEZ; ROGER RODRIGUEZ; PATRICK POLOSKEY; HENRY ROSS, III;
AUGUSTINE J. SANCHEZ; CORKEY CONTREL; HOWARD PEAK, City of San
Antonio Mayor,
Defendants-Appellees.
_______________________
Consolidated with
No. 02-50238
_______________________
DONALD J. PATTERSON,
Plaintiff,
versus
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PHILLIP FRAZIER, ET AL.,
Defendants.
_______________________
DONALD J. PATTERSON,
Plaintiff-Appellant,
versus
HOUSING AUTHORITY OF THE CITY OF SAN ANTONIO, TEXAS; ET AL.,
Defendants,
HOUSING AUTHORITY OF THE CITY OF SAN ANTONIO, TEXAS; DEBRA FLACH;
SUSAN POLASEK; RUBEN RODRIGUEZ,
Defendants-Appellees.
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Appeals from the United States District Court
for the Western District of Texas
SA-01-CV-3, SA-01-CV-153
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December 23, 2002
Before JONES, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
Appellant Donald J. Patterson, appearing pro se, appeals the
dismissal of certain claims he brought under the Fair Housing Act
and the grant of summary judgment in favor of certain defendants on
other claims. Patterson also appeals the district court’s refusal
*
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.
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to appoint counsel to represent him. Finding no reversible error,
we affirm.
In his complaint, Patterson brought claims under 18 U.S.C. §
241, 18 U.S.C. § 245, 42 U.S.C. § 3604(f)(1), 42 U.S.C. §
3604(f)(2), and 42 U.S.C. § 3617. In response to a motion to
dismiss filed by some of the appellees under Federal Rule of Civil
Procedure 12(b)(6), the district court dismissed Patterson’s claims
under sections 241, 245, and 3604(f)(1) against the following
appellees: Le Ann Piatt, Deborah Flach, Susan Polasek, Mary Jane
Mendez, Ruben Rodriguez, Jessica Leon, Victoria Puffer, and the
Housing Authority of San Antonio. The district court also
dismissed Patterson’s section 3604(f)(2) claim against Piatt,
Polasek, Mendez, Leon, and Puffer. Further, the district court
dismissed Patterson’s section 3617 claims against Piatt, Flach,
Mendez, Ruben Rodriguez, Leon, and Puffer. The district court,
however, did not dismiss Patterson’s section 3617 claim against
Polasek, section 3604(f)(2) claims against Flach and Ruben
Rodriguez, and the claims against the Housing Authority based upon
the acts of Flach, Polasek, and Ruben Rodriguez.
In response to another motion to dismiss, the district court
dismissed all of Patterson’s claims against the following
appellees: Maggie Gonzales, Andy Gomez, Patrick Poloskey, Corkey
Cotrell, Augustine J. Sanchez, Henry Ross, III, Howard Peak, Jimmy
G. Crawford, Richard v. Mazuca, Lupe Guerrero, Martin Rodriguez,
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Richard Olivares, Hector Lopez, and the City of San Antonio. The
district court dismissed the claims against these appellees based
on its holding that Patterson assigned his claims against these
appellees to Frazier and that Frazier had settled these claims.
Additionally, in response to a separate motion to dismiss, the
district court dismissed the claims against Polasek, Flach, Ruben
Rodriguez, and the Housing Authority of San Antonio, that had not
been previously dismissed because these claims had also been
assigned to Frazier and subsequently settled by Frazier. Also, the
district court granted summary judgment in favor of Phillip Frazier
and Gary Poensich (Frazier’s attorney) on all claims brought
against them by Patterson on the basis that Patterson’s claims
against them were barred under the doctrine of res judicata.
Having reviewed the briefs and record, we do not find that the
district court erred in dismissing Patterson’s claims.
Furthermore, we do not find that the district court abused its
discretion in refusing to appoint an attorney to represent
Patterson. Therefore, the judgment is AFFIRMED.
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