Filed: Oct. 20, 2004
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS October 20, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 04-10530 Conference Calendar ROBERT JOSEPH WILLIAMS, Plaintiff-Appellant, versus JULIO P. UY, DR., Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 2:04-CV-11 - - - - - - - - - - Before JOLLY, JONES, and WIENER, Circuit Judges. PER CURIAM:* Robert Joseph
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS October 20, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 04-10530 Conference Calendar ROBERT JOSEPH WILLIAMS, Plaintiff-Appellant, versus JULIO P. UY, DR., Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 2:04-CV-11 - - - - - - - - - - Before JOLLY, JONES, and WIENER, Circuit Judges. PER CURIAM:* Robert Joseph ..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS October 20, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 04-10530
Conference Calendar
ROBERT JOSEPH WILLIAMS,
Plaintiff-Appellant,
versus
JULIO P. UY, DR.,
Defendant-Appellee.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:04-CV-11
- - - - - - - - - -
Before JOLLY, JONES, and WIENER, Circuit Judges.
PER CURIAM:*
Robert Joseph Williams, Texas prisoner # 757180, appeals
from the district court’s sua sponte dismissal of his 42 U.S.C.
§ 1983 civil rights complaint for failure to exhaust
administrative remedies, pursuant to 42 U.S.C. § 1997e, with
prejudice to proceeding in forma pauperis (IFP) pursuant to 28
U.S.C. § 1915(b). Williams had alleged that the prison doctor
was deliberately indifferent to his serious medical needs. In
his appellate brief, Williams does not address the district
court’s conclusion that he failed to exhaust administrative
remedies by filing prison grievances. He neither denies failing
*
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this opinion should not be published and is not precedent except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.
No. 04-10530
-2-
to pursue such remedies nor argues that he has a valid defense to
the exhaustion requirement. Failure to identify an error in the
district court’s analysis is the same as if the appellant had not
appealed the judgment. See Brinkmann v. Dallas County Deputy
Sheriff Abner,
813 F.2d 744, 748 (5th Cir. 1987). Because
Williams has failed to contest the district court’s conclusion
that he failed to satisfy the exhaustion requirement, he has
waived the only issue relevant to his appeal. See Yohey v.
Collins,
985 F.2d 222, 225 (5th Cir. 1993) (issues not briefed
are deemed abandoned).
Williams’s appeal is without arguable merit and is thus
frivolous. See Howard v. King,
707 F.2d 215, 220 (5th Cir.
1983). Accordingly, the appeal is DISMISSED. 5TH CIR. R. 42.2.
The dismissal of this appeal counts as a “strike” for purposes of
28 U.S.C. § 1915(g), as does the district court’s dismissal as
frivolous. See Adepegba v. Hammons,
103 F.3d 383, 387-88 (5th
Cir. 1996). We caution Williams that once he accumulates three
strikes, he may not proceed IFP in any civil action or appeal
filed while he is incarcerated or detained in any facility unless
he is under imminent danger of serious physical injury. See
28 U.S.C. § 1915(g).
APPEAL DISMISSED; SANCTION WARNING ISSUED.