Gambino v. Orleans Parish Criminal Sheriff's Office ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 21, 2006
Charles R. Fulbruge III
Clerk
No. 05-30038
Conference Calendar
VALERIE S. GAMBINO,
Plaintiff-Appellant,
versus
ORLEANS PARISH CRIMINAL SHERIFF’S OFFICE;
CHARLES C. FOTI, JR., Sheriff; DIANA C. RUDDER,
Deputy Orleans Parish Criminal Sheriff;
D. BEVERLY, Orleans Parish Criminal Sheriff’s
Office, Civilian Employee,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:02-CV-3635
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Before STEWART, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:*
Valerie S. Gambino appeals pro se from the dismissal of all
defendants after a bench trial in this civil rights suit. She
argues on appeal that her trial counsel rendered ineffective
assistance in the prosecution of the suit. This argument is
without merit because the constitutional right to effective
*
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this opinion should not be published and is not precedent except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.
No. 05-30038
-2-
assistance of counsel does not apply in a civil context. Sanchez
v. U.S. Postal Serv., 785 F.2d 1236, 1237 (5th Cir. 1986).
Gambino also asserts conclusionally that the theory of res
ipsa loquitur should apply to her case. This issue is
inadequately briefed and not considered. See Yohey v. Collins,
985 F.2d 222, 224-25 (5th Cir. 1993); FED. R. APP. P. 28(a)(9).
This appeal is without arguable merit and is dismissed as
frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983); 5TH CIR. R. 42.2.
APPEAL DISMISSED.