Adams v. Compass Bank

Full title: Carl B. ADAMS, Plaintiff-Appellant v. COMPASS BANK, Defendant-Appellee

Court: United States Court of Appeals, Fifth Circuit

Date published: Aug 6, 2007

235 F. App'x 265 (5th Cir. 2007)

Opinion

No. 07-20031, Summary Calendar.

August 6, 2007.

Carl B. Adams, Houston, TX, pro se.

William P. Huttenbach, Hirsch Westheimer, Houston, TX, for Defendant-Appellee.

Appeal from the United States District Court for the Southern District of Texas, Houston, 4:06-CV-2845.

Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

After reviewing the record and the briefs of the parties, we affirm the district court judgment.

The district court did not abuse its discretion in refusing appellant's motion to recuse. A judicial ruling in an earlier case is not grounds for recusal.

The district court also did not abuse its discretion in denying plaintiffs motion for default judgment.

The district court properly concluded that plaintiff failed to set forth the essential elements of any claim upon which relief can be granted. The district court, therefore, correctly granted the defendant's motion to dismiss for failure to state a claim.

AFFIRMED.