Reyna v. SSA
CourtCourt of Appeals for the Fifth Circuit
Date FiledOctober 27, 2026
Docket26-50364
StatusUnpublished
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Full Opinion
Case: 26-50364 Document: 39-1 Page: 1 Date Filed: 10/27/2026
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
FILED
No. 26-50364
October 27, 2026
Summary Calendar
____________ Thomas B. Plunkett, III
Clerk
Joseph Anthony Reyna,
Plaintiff—Appellant,
versus
Social Security Administration,
Defendant—Appellee.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:25-CV-1293
______________________________
Before King, Higginson, and Douglas, Circuit Judges.
Per Curiam: *
Joseph Anthony Reyna appeals the dismissal with prejudice of his
petition to perpetuate testimony under Federal Rule of Civil Procedure 27(a)
as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). 1 He argues that the district
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
1
Between June 2025 and May 2026, Joseph Anthony Reyna filed at least twenty-
four pro se lawsuits in Texas federal district courts. Reyna v. Block, Inc., 2026 WL 1388721,
1 (5th Cir. May 18, 2026) (collecting cases).
Case: 26-50364 Document: 39-1 Page: 2 Date Filed: 10/27/2026
No. 26-50364
court erred in dismissing his complaint because it did not conduct de novo
review, dismissed the complaint with prejudice, and did not address the
complaint’s Medicare premium-withholding injury. We review dismissals
under 28 U.S.C. § 1915(e)(2)(B)(i) for abuse of discretion. Denton v.
Hernandez, 504 U.S. 25, 33 (1992). We find no abuse here.
First, the record reflects that the district court conducted the required
de novo review of the magistrate judge’s report and recommendations.
Second, the dismissal was proper. Reyna’s petition did not meet the
rule’s requirements. Fed. R. Civ. P. 27(a). Among other criteria, the rule
requires the petitioner to identify the relevant deponents and show that the
petitioner expects to be a party “to an action cognizable in a United States
court but cannot presently bring it or cause it to be brought[.]” Id. The
district court correctly determined that Reyna did not identify any deponents
in his petition and failed to show why he could not file a suit against the Social
Security Administration as Rule 27(a) requires. Id. Because Reyna did not
satisfy the Rule 27(a) requirements, the district court did not abuse its
discretion by dismissing his petition. Nor did it abuse its discretion in
dismissing the petition with prejudice. See, e.g., Marts v. Hines, 117 F.3d 1504,
1505 (5th Cir. 1997); Reyna v. Wells Fargo Bank, 2026 WL 1365083, 1 (5th Cir.
May 15, 2026).
Finally, as to Reyna’s asserted Medicare injury, Reyna did not raise
that claim before the district court. We ordinarily do not review claims raised
for the first time on appeal. Vogel v. Veneman, 276 F.3d 729, 733 (5th Cir.
2002). There is no basis for an exception in this case. See FDIC v. Lee, 130
F.3d 1139, 1141 (5th Cir. 1997).
We AFFIRM.
2