Peoples v. Abbott

Case: 25-40335 Document: 90-1 Page: 1 Date Filed: 02/02/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-40335 Summary Calendar FILED ____________ February 2, 2026 Lyle W. Cayce Raymond Reginald Peoples, Jr., Clerk

Plaintiff—Appellant,

versus Greg Abbott, Governor of the State of Texas,

Defendant—Appellee. ______________________________

Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:25-CV-89 ______________________________

Before Stewart, Graves, and Oldham, Circuit Judges. Per Curiam: * Raymond Reginald Peoples, Jr., Texas prisoner # 2348963, appeals the dismissal of his 42 U.S.C. § 1983 civil rights action for failure to state a claim under 28 U.S.C. § 1915A(b), based on the district court’s finding that the complaint was barred by Heck v. Humphrey, 512 U.S. 477 (1994). We review de novo a district court’s decision to dismiss a § 1983 complaint for

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-40335 Document: 90-1 Page: 2 Date Filed: 02/02/2026

No. 25-40335

failure to state a claim under § 1915A(b). See Green v. Atkins, 623 F.3d 278, 279-80 (5th Cir. 2010). On appeal, Peoples does not address the district court’s Heck determination. His failure to identify any error in the district court’s reasons for dismissing his § 1983 action is the same as if he had not appealed that issue at all. See Brinkmann v. Dallas Cnty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). Peoples has accordingly waived any challenge to the dismissal of his § 1983 action on this ground. See Hannah v. United States, 523 F.3d 597, 600 n.1 (5th Cir. 2008). Similarly, Peoples has abandoned any claim that parties retaliated against him for seeking legal redress by failing to brief the issue. See Hughes v. Johnson, 191 F.3d 607, 613 (5th Cir. 1999). Because the appeal is without arguable merit, it is DISMISSED as frivolous. See McGarrah v. Alford, 783 F.3d 584, 584 (5th Cir. 2015); 5th Cir. R. 42.2. The district court’s dismissal for failure to state a claim counts as a strike under 28 U.S.C. § 1915(g), as does the dismissal of this appeal as frivolous, and Peoples has accumulated at least one other strike. See 28 U.S.C. § 1915(g), (h); Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir. 1996), abrogated in part on other grounds by Coleman v. Tollefson, 575 U.S. 532, 537 (2015); 28 U.S.C. § 1915(h); Peoples v Abbott, No. 4:25-CV-3563 (S.D. Tex. Oct. 27, 2025). Because Peoples has now accumulated three strikes, he is BARRED from proceeding in forma pauperis in any civil action or appeal unless he is under imminent danger of serious physical injury. See 28 U.S.C. § 1915(g).