Cledera v. United States


Case: 20-10914 Document: 00515734471 Page: 1 Date Filed: 02/05/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED February 5, 2021 No. 20-10914 Summary Calendar Lyle W. Cayce Clerk Robert Paul Magtulis Cledera, Plaintiff—Appellant, versus United States; Robert M. Wilkinson, Acting U.S. Attorney General; James McHenry, Executive Office for Immigration Review; Kevin K. McAleenan, Acting Secretary, U.S. Department of Homeland Security; Steven McCraw, Texas Department of Public Safety; Gary C. Thomas, Dallas Area Rapid Transit; U. Renee Hall, Dallas Police Department, Dallas, Texas; Dominique Artis, Dallas Fire Department, Dallas, Texas; Steve Dye, Grand Prairie Police Department, Grand Prairie, Texas; Robert Fite, Grand Prairie Fire Department, Grand Prairie, Texas; Will Johnson, Arlington Police Department, Arlington, Texas; Tracy Aaron, Mansfield Police Department, Mansfield, Texas; Brian Manley, Austin Police Department, Austin, Texas; Charles Edge, Ellis County Sheriff; Ryan Holt, Waco Police Department, Waco, Texas; Gregory Fellows, Menifee Police Department, Menifee, California; HomePro Operating, L.L.C.; Apple, Incorporated; The Walt Disney Company; Best Buy Company, Incorporated; Target Corporation; Walmart, Incorporated; Home Depot Product Authority, L.L.C.; RING (Amazon.com, Incorporated); ARLO (Arlo Technologies, Incorporated); LG Electronics, USA Incorporated; Verizon Communications, Incorporated; City of Grand Prairie; City of Mansfield; Menifee Police Department, Defendants—Appellees. Case: 20-10914 Document: 00515734471 Page: 2 Date Filed: 02/05/2021 No. 20-10914 Appeal from the United States District Court for the Northern District of Texas USDC No. 3:19-CV-1997 Before JOLLY, ELROD, and GRAVES, Circuit Judges. Per Curiam:* Robert Paul Magtulis Cledera filed a complaint pro se against thirty parties, including the United States, federal officials, state officials, municipalities, and corporations. Cledera alleged violations of the Texas Penal Code and other constitutional and statutory provisions. Multiple defendants moved to dismiss Cledera’s claims. The district court granted those motions and dismissed all of Cledera’s claims. Cledera now appeals the district court’s dismissal of his claims. Because the district court correctly held that Cledera fails to state a claim on which relief can be granted, we AFFIRM. I. In 2019, Cledera filed a criminal complaint against thirty parties, including the United States, federal officials, state officials, municipalities, and many corporations. Cledera subsequently amended his complaint. In his amended complaint, Cledera alleged that he was being harassed, tortured, and stalked by agents acting on behalf of the federal government. In support of his claim of vast conspiracy between multiple levels of government facilitated by private corporations, Cledera points to a variety of instances. He says that unknown actors watched him from the moment he left his home to when he returned. He says that unmarked vans appeared when he exited * Pursuant to 5th Circuit Rule 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 Circuit Rule 47.5.4. 2 Case: 20-10914 Document: 00515734471 Page: 3 Date Filed: 02/05/2021 No. 20-10914 his driveway. He says that aircrafts would linger overhead when he stepped out of his home, and that the engine noises were enhanced to annoy and ...

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