McGee v. PlainsCapital Bank
CourtCourt of Appeals for the Fifth Circuit
Date FiledNovember 2, 2026
Docket25-11383
StatusUnpublished
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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.
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