Background
Joseph Anthony Reyna filed a petition under Federal Rule of Civil Procedure 27(a) seeking to perpetuate testimony. The Western District of Texas dismissed the petition with prejudice as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i).
On appeal, Reyna argued that the district court failed to conduct de novo review of the magistrate judge’s report and recommendations, improperly dismissed his petition with prejudice, and failed to address an asserted injury involving the withholding of Medicare premiums.
The Court’s Holding
The Fifth Circuit affirmed. Reviewing the frivolousness dismissal for abuse of discretion, the court found that the record showed the district court had conducted the required de novo review.
The court also held that dismissal was proper because Reyna’s petition did not satisfy Rule 27(a). He did not identify any proposed deponents and did not show why he could not presently file suit against the Social Security Administration. The district court likewise did not abuse its discretion by making the dismissal with prejudice.
The panel declined to consider Reyna’s asserted Medicare premium-withholding injury because he had not raised that claim in the district court. The court found no basis to depart from its ordinary rule against reviewing claims raised for the first time on appeal.
Key Takeaways
- A Rule 27(a) petitioner must identify the relevant deponents and show that an expected federal action cannot presently be brought.
- The district court did not abuse its discretion by dismissing Reyna’s deficient petition with prejudice as frivolous.
- The Fifth Circuit would not consider Reyna’s Medicare-related claim because he raised it for the first time on appeal.
Why It Matters
The decision confirms that failure to meet Rule 27(a)’s express requirements can support dismissal of a petition to perpetuate testimony, including dismissal with prejudice under the circumstances presented here.
It also illustrates the importance of presenting claims to the district court: absent a basis for an exception, the Fifth Circuit ordinarily will not review a claim first asserted on appeal.