Filed: Sep. 07, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-50147 Summary Calendar STEVEN KENNETH NEUBERT, Plaintiff-Appellant, versus JAMES T. BOLT, ETC.; ET AL., Defendants, JAMES T. BOLT, Police Officer #1026, El Paso Police Department, Individually and in his official capacity; EFRAIME SILVA, also known as Efren Silva, Police Officer #1294, El Paso Police Department, Individually and in his official capacity; ARMANDO NANEZ, also know as Nunez, Detective, El Paso Police Department, Ind
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-50147 Summary Calendar STEVEN KENNETH NEUBERT, Plaintiff-Appellant, versus JAMES T. BOLT, ETC.; ET AL., Defendants, JAMES T. BOLT, Police Officer #1026, El Paso Police Department, Individually and in his official capacity; EFRAIME SILVA, also known as Efren Silva, Police Officer #1294, El Paso Police Department, Individually and in his official capacity; ARMANDO NANEZ, also know as Nunez, Detective, El Paso Police Department, Indi..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-50147
Summary Calendar
STEVEN KENNETH NEUBERT,
Plaintiff-Appellant,
versus
JAMES T. BOLT, ETC.; ET AL.,
Defendants,
JAMES T. BOLT, Police Officer #1026, El Paso Police
Department, Individually and in his official capacity;
EFRAIME SILVA, also known as Efren Silva, Police Officer
#1294, El Paso Police Department, Individually and in his
official capacity; ARMANDO NANEZ, also know as Nunez,
Detective, El Paso Police Department, Individually and in
his official capacity; LOUIS CARREON, also known as Luis
Carreon, Lieutenant #327, El Paso Police Department,
Individually and in his official capacity; LEM TONG, also
known as Tom, El Paso Police Department, Individually and
in his official capacity; CITY OF EL PASO; TIM MEHL,
Detective,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-00-CV-133-H
--------------------
September 6, 2001
Before DUHÉ, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:1
Steven Kenneth Neubert, Texas inmate #535152, proceeding pro
se and in forma pauperis, appeals the district court’s summary-
1
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
judgment dismissal of his 42 U.S.C. § 1983 complaint and its denial
of his motion to appoint counsel. We affirm.
The district court did not abuse its discretion by denying
Neubert’s motion for appointment of counsel. See Ulmer v.
Chancellor,
691 F.2d 209, 212 (5th Cir. 1982).
“An appellant abandons all issues not raised and argued in its
initial brief on appeal.” Cinel v. Connick,
15 F.3d 1338, 1345
(5th Cir. 1994); see Knighten v. Commissioner,
702 F.2d 59, 60 &
n.1 (5th Cir. 1983) (issue may not be raised for first time in
reply brief, even by pro se appellant). Neubert abandoned his
appeal of the district court’s dismissal of his excessive-force,
false arrest, false imprisonment, and malicious prosecution claims
by failing to argue the issues in his initial brief. See
Cinel, 15
F.3d at 1345.
Neubert also abandoned any appeal of the dismissal of his
claims against the City of El Paso and his claims against the
individual defendants for cruel and unusual punishment and civil
conspiracy by neglecting to address these claims in this court.
See Brinkmann v. Dallas County Deputy Sheriff Abner,
813 F.2d 744,
748 (5th Cir. 1987); see also,
Cinel, 15 F.3d at 1345.
The district court did not abuse its discretion by declining
to exercise supplemental jurisdiction over Neubert’s state-law
claims.
Cinel, 15 F.3d at 1344. Both federal law and Texas law
provide for suspension of the limitations period on state-law
claims during the pendency of the action in federal court when the
federal court declines to exercise supplemental jurisdiction over
2
those claims. See 28 U.S.C. § 1367(d) (West 2001); Tex. Civ. Prac.
& Rem. Code Ann. § 16.064 (Vernon 2001); Vale v. Ryan,
809 S.W.2d
324, 326-27 (Tex. App. 1991).
AFFIRMED.
3