Filed: May 31, 1996
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-30589 _ HENRY JAMES, Plaintiff-Appellant, versus TERRY TERRELL, Warden; MILLER, Sergeant; B. THOMPSON, Sergeant, Defendants-Appellees. _ Appeal from the United States District Court for the Western District of Louisiana (CA-94-0410) _ May 07, 1996 Before POLITZ, Chief Judge, JONES, and BARKSDALE, Circuit Judges. PER CURIAM:* Henry James (“James”), an inmate of the Allen Correctional Center, has appealed the dismissal of his civil righ
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-30589 _ HENRY JAMES, Plaintiff-Appellant, versus TERRY TERRELL, Warden; MILLER, Sergeant; B. THOMPSON, Sergeant, Defendants-Appellees. _ Appeal from the United States District Court for the Western District of Louisiana (CA-94-0410) _ May 07, 1996 Before POLITZ, Chief Judge, JONES, and BARKSDALE, Circuit Judges. PER CURIAM:* Henry James (“James”), an inmate of the Allen Correctional Center, has appealed the dismissal of his civil right..
More
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________________
No. 95-30589
_______________________
HENRY JAMES,
Plaintiff-Appellant,
versus
TERRY TERRELL, Warden;
MILLER, Sergeant;
B. THOMPSON, Sergeant,
Defendants-Appellees.
_________________________________________________________________
Appeal from the United States District Court
for the Western District of Louisiana
(CA-94-0410)
_________________________________________________________________
May 07, 1996
Before POLITZ, Chief Judge, JONES, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Henry James (“James”), an inmate of the Allen
Correctional Center, has appealed the dismissal of his civil rights
action for failure to state a claim against Warden Terry Terrell
and two correctional officers.
As his appellate brief, James offers no additional
argument whatsoever on any of the asserted legal issues, but rather
merely files a Xerox copy of his supplemental civil rights
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this opinion should not be published and is not precedent except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.
complaint, his motion for leave to file it, his opposition to a
memorandum filed by the defendants, and the prayer for relief of
his original complaint.
Nowhere in this purported appellate brief does James
either state or argue any issue on appeal before this court. As a
result, this court AFFIRMS the judgment of the district court
without considering it on its merits. See Al-Ra’id v. Ingle,
69
F.3d 28 (5th Cir. 1995) (holding that “[a]n appellant’s brief must
contain an argument on the issues that are raised, in order that
we, as a reviewing court, may know what action of the district
court is being complained of. There is no exemption for pro se
litigants, though we construe their briefs liberally.”) (citations
omitted); Weaver v. Puckett,
896 F.2d 126 (5th Cir. 1990) (prisoner
abandons objection if he does not provide an argument containing
the reasons justifying the requested relief “with citation to the
authorities, statutes and parts of the record relied on.”)
(citations omitted); Fed. R. App. P. 28(a)(6) (requiring that the
brief of the appellant contain a developed argument).
CONCLUSION
For the foregoing reasons, the judgment of the district
court dismissing James’ complaint for failure to state a cognizable
claim is AFFIRMED.
2