Filed: Feb. 15, 1996
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-10801 Summary Calendar _ GREGORY MONTGOMERY, Plaintiff-Appellant, versus OFFICE C/O PEARCE; OFFICER C/O 3 FOREE, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 1:95-CV-24-C - - - - - - - - - - February 7, 1996 Before HIGGINBOTHAM, DUHE’ and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Gregory Montgomery filed this appeal from the district court
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-10801 Summary Calendar _ GREGORY MONTGOMERY, Plaintiff-Appellant, versus OFFICE C/O PEARCE; OFFICER C/O 3 FOREE, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 1:95-CV-24-C - - - - - - - - - - February 7, 1996 Before HIGGINBOTHAM, DUHE’ and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Gregory Montgomery filed this appeal from the district court'..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-10801
Summary Calendar
__________________
GREGORY MONTGOMERY,
Plaintiff-Appellant,
versus
OFFICE C/O PEARCE; OFFICER
C/O 3 FOREE,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:95-CV-24-C
- - - - - - - - - -
February 7, 1996
Before HIGGINBOTHAM, DUHE’ and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Gregory Montgomery filed this appeal from the district
court's denial of his FED. R. CIV. P. 60(b) motion; nevertheless,
Montgomery has not briefed whether the district court abused its
discretion in denying the motion. Although this court liberally
construes pro se briefs, see Haines v. Kerner,
404 U.S. 519, 520
(1972), this court requires arguments to be briefed in order to
be preserved. Yohey v. Collins,
985 F.2d 222, 225 (5th Cir.
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-10801
-2-
1993). Claims not adequately argued in the body of the brief are
deemed abandoned on appeal.
Id. at 224-25. As Montgomery has
abandoned the only appellate issue this court has jurisdiction to
address, the appeal is frivolous. See Howard v. King,
707 F.2d
215, 220 (5th Cir. 1983). Because the appeal is frivolous, it is
DISMISSED. See 5TH CIR. Rule 42.2.
Montgomery is cautioned that any additional frivolous
appeals filed by him will invite the imposition of sanctions. To
avoid sanctions, Montgomery is further cautioned to review any
pending appeals to ensure that they do not raise arguments that
are frivolous because they have been previously decided by this
court.
APPEAL DISMISSED.