Full Opinion

Case: 25-11383 Document: 64-1 Page: 1 Date Filed: 11/02/2026 United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 25-11383 November 2, 2026 Summary Calendar Thomas B. Plunkett, III ____________ Clerk Joanthony McGee, Plaintiff—Appellant, versus PlainsCapital Bank, Defendant—Appellee. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:25-CV-2782 ______________________________ Before Stewart, Richman, and Duncan, Circuit Judges. Per Curiam: * Joanthony McGee appeals from the district court’s dismissal pursuant to 28 U.S.C. § 1915(e)(2)(B) of his complaint as frivolous and for failure to state a claim on which relief may be granted. We review the dismissal de novo. See Samford v. Dretke, 562 F.3d 674, 678 (5th Cir. 2009). _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-11383 Document: 64-1 Page: 2 Date Filed: 11/02/2026 No. 25-11383 Specifically, McGee challenges the dismissal of his claim under the Equal Credit Opportunity Act (ECOA). However, his threadbare allegation of discrimination based on a protected class, supported by a mere conclusory statement, does not suffice to state a claim under the ECOA. See Alexander v. AmeriPro Funding, Inc., 848 F.3d 698, 705-06 (5th Cir. 2017). He also renews his claim under 8 U.S.C. § 1503(a). Section 1503(a) provides the “exclusive remedy for a person within the United States to seek a declaration of U.S. nationality following an agency or department’s denial of a privilege or right of citizenship upon the ground that the person is not a U.S. national.” Cambranis v. Blinken, 994 F.3d 457, 466 (5th Cir. 2021); see 8 U.S.C. § 1503(a). Because McGee’s complaint does not allege the requisite action by an agency or department, we affirm the dismissal of his § 1503(a) claim for failure to state a claim on which relief may be granted. See 8 U.S.C. § 1503(a); Cambranis, 994 F.3d at 463. Finally, McGee reurges his claim under the Treaty of Peace and Friendship between the United States and Morocco. As McGee’s treaty claim is based on an “indisputably meritless legal theory,” the district court did not err by dismissing that claim. Samford, 562 F.3d at 678 (internal quotation marks and citation omitted). Accordingly, the district court’s judgment is AFFIRMED. 2