Filed: Jul. 02, 2013
Latest Update: Feb. 12, 2020
Summary: Case: 12-30300 Document: 00512295242 Page: 1 Date Filed: 07/02/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED July 2, 2013 No. 12-30300 Summary Calendar Lyle W. Cayce Clerk WILLIAM FRAZIER, Plaintiff–Appellant v. TONY WINGO; UNKNOWN CORRECTIONAL OFFICER(S), Defendants–Appellees Appeal from the United States District Court for the Western District of Louisiana USDC No. 1:09-CV-1827 Before SMITH, PRADO, and HIGGINSON, Circuit Jud
Summary: Case: 12-30300 Document: 00512295242 Page: 1 Date Filed: 07/02/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED July 2, 2013 No. 12-30300 Summary Calendar Lyle W. Cayce Clerk WILLIAM FRAZIER, Plaintiff–Appellant v. TONY WINGO; UNKNOWN CORRECTIONAL OFFICER(S), Defendants–Appellees Appeal from the United States District Court for the Western District of Louisiana USDC No. 1:09-CV-1827 Before SMITH, PRADO, and HIGGINSON, Circuit Judg..
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Case: 12-30300 Document: 00512295242 Page: 1 Date Filed: 07/02/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
July 2, 2013
No. 12-30300
Summary Calendar Lyle W. Cayce
Clerk
WILLIAM FRAZIER,
Plaintiff–Appellant
v.
TONY WINGO; UNKNOWN CORRECTIONAL OFFICER(S),
Defendants–Appellees
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 1:09-CV-1827
Before SMITH, PRADO, and HIGGINSON, Circuit Judges.
PER CURIAM:*
William Frazier, federal prisoner # 01073-748, filed a Federal Tort Claims
Act (FTCA) claim against the United States and a Bivens1 action against Tony
Wingo (Wingo) and other unknown officers employed by the Bureau of Prisons
at the United States Penitentiary in Pollock, Louisiana. Frazier alleged that,
when he was transferred to a Special Housing Unit, Wingo and the other officers
confiscated his property and discarded it.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
1
Bivens v. Six Unknown Named Agents,
403 U.S. 388, 395-97 (1971).
Case: 12-30300 Document: 00512295242 Page: 2 Date Filed: 07/02/2013
No. 12-30300
The district court dismissed Frazier’s FTCA claim against the United
States for lack of jurisdiction and dismissed his Bivens action against Wingo and
the other unknown officers on summary judgment. He now appeals. This
court’s review is de novo. Dillon v. Rogers,
596 F.3d 260, 266 (5th Cir. 2010).
On appeal, Frazier fails to challenge the dismissal of his FTCA claim. By
failing to identify any error regarding the dismissal of this claim, it is the same
as if Frazier had not appealed this issue. See Yohey v. Collins,
985 F.2d 222,
224–25 (5th Cir. 1993). Frazier has thus abandoned on appeal any arguments
against the dismissal of this claim. Additionally, Frazier’s brief fails to provide
facts and argument challenging the district court’s conclusion that he failed to
exhaust his administrative remedies as to his claims set forth in his Bivens
action. Even pro se litigants must brief arguments to preserve them. See
Brinkmann v. Dallas Cnty. Deputy Sheriff Abner,
813 F.2d 744, 748 (5th Cir.
1987). Issues not briefed are considered abandoned; thus, these claims are also
deemed abandoned. See
id.
AFFIRMED.
2