Roberta Cosgrove, et al v. City of Plano, Texas, No. 15-40916 (5th Cir. 2015)

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Case: 15-40916 Document: 00513299442 Page: 1 Date Filed: 12/08/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-40916 Summary Calendar United States Court of Appeals Fifth Circuit FILED December 8, 2015 ROBERTA COSGROVE; CONNIE COSGROVE, Plaintiffs - Appellants Lyle W. Cayce Clerk v. CITY OF PLANO, TEXAS, Defendant - Appellee Appeal from the United States District Court for Eastern District of Texas USDC No. 4:13-CV-660 Before REAVLEY, SMITH, and HAYNES, Circuit Judges. PER CURIAM:* The judgment of the district court is affirmed for the following reasons. Plaintiffs have not identified any due process right violated by the City. No objection is made to the No. 2012-8-16 ordinance itself. It limits to eight children the number cared for by the Plaintiffs. They were not entitled to care for 12 children because they had no permit. The City Council denied further 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 15-40916 Document: 00513299442 Page: 2 Date Filed: 12/08/2015 No. 15-40916 action because “more than eight is simply too many.” The judgment of the district judge, based upon the explanations of the magistrate judge, is correct. Any pending motions are denied. AFFIRMED. 2

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