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JENEVEIN v. WILLING

No. 09-50064.

605 F.3d 268 (2010)

Robert JENEVEIN, Plaintiff-Appellant, v. Seana WILLING, Acting Executive Director of the Texas State Commission on Judicial Conduct; R.C. Allen, III, Member of the Texas State Commission on Judicial Conduct; Elizabeth Coates, Member of the Texas State Commission on Judicial Conduct; Joseph B. Morris, Member of the Texas State Commission on Judicial Conduct; Kathleen H. Olivares, Member of the Texas State Commission on Judicial Conduct; Monica Gonzalez, Member of the Texas State Commission on Judicial Conduct; James A. Hall, Member of the Texas State Commission on Judicial Conduct; Ronald D. Krist, Member of the Texas State Commission on Judicial Conduct; Faye Barksdale, Member of the Texas State Commission on Judicial Conduct; Honorable Rex G. Baker, III; Honorable Michael Fields; W.A. "Buck" Prewitt, Commissioner of the State Commission on Judicial Conduct, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 30, 2010.

Attorney(s) appearing for the Case

Mark M. Donheiser (argued), Erin Claire Dixon, Mathis & Donheiser, P.C., Dallas, TX, for Jenevein.

Madeleine B. Connor (argued), Erika M. Kane, Asst. Atty. Gen., Austin, TX, for Defendants-Appellees.

Before JONES, Chief Judge, and SMITH and ELROD, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

After being censured by the Texas State Commission on Judicial Conduct, Robert Jenevein, a state judge, sued the members of the commission to have the censure expunged from his record. The district court dismissed the suit, but we reversed and remanded in part, granting Jenevein partial expungement. Jenevein appeals the denial of his motion for attorney's fees as a "prevailing party" under 42 U.S.C. § 1988(b). Because he is not...

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