Opinion
Nos. 10-10202, 10-10674 Summary Calendar.
March 17, 2011.
Robert O. Groover, III, Esq., Groover Associates, Lewisville, TX, for Plaintiff-Appellant.
William T. Deane, Assistant Attorney General, Office of the Attorney General, Austin, TX, for Defendant-Appellee.
Appeals from the United States District Court for the Northern District of Texas (Ft. Worth Div.), USDC 4:09-CV-415.
Before KING, BENAVIDES, and ELROD, Circuit Judges.
Plaintiff-Appellant Siyuan Liu contends that the district court did not consider his claim of fraud on the court. However, Liu never presented a motion to the district court regarding the alleged fraud on the court or attempted in any way to seek relief from the district court on this issue. Instead, Liu filed a notice of appeal from the district court's orders granting Defendants-Appellees' 12(b) motions to dismiss, even though nothing contained in the 12(b) motions relates to the granting or denial of any fraud on the court allegations as set out in the complaint. Because Liu failed to seek relief on his fraud on the court claim from the district court, this issue is not properly before us. In addition, in his briefs on appeal, Liu fails to allege any error by the district court regarding his 12(b) dismissals. See Sanders v. Unum Life Ins. Co. of Am., 553 F.3d 922, 926 (5th Cir. 2008) ("A party waives an issue if he fails to adequately brief it on appeal").
AFFIRMED.