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