Collins Nyabwa v. Houston Police Department, et al, No. 18-20062 (5th Cir. 2018)

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Case: 18-20062 Document: 00514612001 Page: 1 Date Filed: 08/22/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-20062 Summary Calendar COLLINS O. NYABWA, FILED August 22, 2018 Lyle W. Cayce Clerk Plaintiff - Appellant v. HOUSTON POLICE DEPARTMENT; HOUSTON POLICE DEPARTMENT OFFICER; HOUSTON POLICE DEPARTMENT CHIEF; HOUSTON POLICE DEPARTMENT OFFICER M. PENA; CITY OF HOUSTON; KNOWN UNNAMED OFFICER (LICENSE PLATE #104-0185), Individual and Official Capacity; KNOWN UNNAMED OFFICER (LICENSE PLATE #113-0765), Individual and Official Capacity; KNOWN UNNAMED OFFICER (SQUAD CAR UNIT #44100), Individual and Official Capacity; KNOWN UNNAMED OFFICER (LICENSE PLATE #121-3806), Individual and Official Capacity; KNOWN UNNAMED OFFICER (LICENSE PLATE #119-3832), Individual and Official Capacity; KNOWN UNNAMED OFFICER (LICENSE PLATE #129-8253), Individual and Official Capacity; KNOWN UNNAMED OFFICER (LICENSE PLATE #119-3878), Individual and Official Capacity; KNOWN UNNAMED OFFICER (LICENSE PLATE #116-7902), Individual and Official Capacity; KNOWN UNNAMED OFFICER (LICENSE PLATE #130-1979), Individual and Official Capacity, Defendants - Appellees Appeal from the United States District Court for the Southern District of Texas USDC No. 4:17-CV-1696 Case: 18-20062 Document: 00514612001 Page: 2 Date Filed: 08/22/2018 No. 18-20062 Before SMITH, WIENER, and WILLETT, Circuit Judges. PER CURIAM:* Plaintiff Collins Nyabwa appeals the district court’s dismissal of his state law tort and § 1983 claims against the City of Houston, Chief Acevedo, and Office Pena. We have reviewed the briefs, the record, and the applicable law. We find the district court properly dismissed Nyabwa’s claims, and therefore AFFIRM on the same grounds as the district court. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * 2

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