Warner v. City of Corpus Christi Plce
CourtCourt of Appeals for the Fifth Circuit
Date FiledOctober 29, 2026
Docket26-40198
StatusUnpublished
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Full Opinion
Case: 26-40198 Document: 31-1 Page: 1 Date Filed: 10/29/2026
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
No. 26-40198
FILED
October 29, 2026
Summary Calendar
____________ Thomas B. Plunkett, III
Clerk
Amy Lynn Warner,
Plaintiff—Appellant,
versus
City of Corpus Christi Police Department,
Defendant—Appellee.
______________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:25-CV-40
______________________________
Before Davis, Stewart, and Duncan, Circuit Judges.
Per Curiam: *
Amy Lynn Warner, proceeding pro se, appeals the district court’s
dismissal of her amended complaint for failure to state a claim on which relief
can be granted. In addition to challenging the dismissal of her complaint,
Warner argues that the district court incorrectly overruled her objections to
the magistrate judge’s report and recommendation as untimely.
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 26-40198 Document: 31-1 Page: 2 Date Filed: 10/29/2026
No. 26-40198
While the district court incorrectly concluded that Warner’s
objections were untimely, see Fed. R. Civ. P. 5(b)(2)(C) and 6(d), the
district court, after conducting a de novo review, also alternatively found that
Warner’s objections lacked merit. Therefore, the district court’s error was
harmless. See Fed. R. Civ. P. 61.
We review the district court’s dismissal of a complaint for failure to
state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) under the same de
novo standard applicable to review of dismissals under Federal Rule of Civil
Procedure 12(b)(6). See Legate v. Livingston, 822 F.3d 207, 209-10 (5th Cir.
2016). Accepting the facts alleged in the amended complaint as true and
construing them in the light most favorable to Warner, we AFFIRM the
district court’s dismissal of Warner’s amended complaint for failure to state
a claim on which relief can be granted. See DeShaney v. Winnebago Cnty.
Dep’t of Soc. Servs., 489 U.S. 189, 195-97 (1989); see also Shipp v. McMahon,
234 F.3d 907, 914 (5th Cir. 2000), overruled on other grounds by McClendon v.
City of Columbia, 305 F.3d 314 (5th Cir. 2002) (en banc).
2