Henderson v. Williams, et al, No. 08-50766 (5th Cir. 2008)
Annotate this Case
Download PDF
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED December 18, 2008 No. 08-50766 Summary Calendar Charles R. Fulbruge III Clerk DAVID E HENDERSON Plaintiff - Appellant v. WILLIE E WILLIAMS, Chief, Los Angeles Police Department; CHIEF OF POLICE, San Diego, California Police Department; ALICE VILLALOBOS, State Bar of California, Special Investigator Defendants - Appellees Appeal from the United States District Court for the Western District of Texas USDC No. 3:08-CV-154 Before SMITH, STEWART, and SOUTHWICK, Circuit Judges. PER CURIAM:* David E. Henderson, proceeding pro se, appeals the district court s dismissal of his complaint under Federal Rule of Civil Procedure 8(a) for failure to state a claim upon which relief can be granted. On appeal, Henderson appears to have submitted a copy of his lower-court complaint as his appellate brief. Although we apply less stringent standards to pro se litigants and * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 08-50766 liberally construe their briefs, pro se parties must still brief the issues and reasonably comply with the standards of Federal Rule of Appellate Procedure 28 regarding the requirements for an appellate brief. Grant v. Cuellar, 59 F.3d 523, 524 (5th Cir. 1995). Accordingly, because Henderson has not briefed the issues for appeal and has not reasonably complied with the requirements of Rule 28, we DISMISS his appeal for want of prosecution. Fed. R. App. P. 42.3.2 ( [W]hen appellant fails to order the transcript, fails to file a brief, or otherwise fails to comply with the rules of the court, the clerk must dismiss the appeal for want of prosecution. ); see also Grant, 59 F.3d at 524-25. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
