Filed: Jun. 24, 2003
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 FOR THE FIFTH CIRCUIT June 24, 2003 Charles R. Fulbruge III Clerk No. 02-11376 Conference Calendar MICHAEL DENNIS HOLGUIN, Plaintiff-Appellant, versus TARRANT COUNTY SHERIFF’S DEPARTMENT, Defendant-Appellee. - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:02-CV-962-A - Before DeMOSS, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* Michael Dennis Holguin, Texas
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 24, 2003 Charles R. Fulbruge III Clerk No. 02-11376 Conference Calendar MICHAEL DENNIS HOLGUIN, Plaintiff-Appellant, versus TARRANT COUNTY SHERIFF’S DEPARTMENT, Defendant-Appellee. - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:02-CV-962-A - Before DeMOSS, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* Michael Dennis Holguin, Texas ..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 24, 2003
Charles R. Fulbruge III
Clerk
No. 02-11376
Conference Calendar
MICHAEL DENNIS HOLGUIN,
Plaintiff-Appellant,
versus
TARRANT COUNTY SHERIFF’S DEPARTMENT,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:02-CV-962-A
--------------------
Before DeMOSS, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Michael Dennis Holguin, Texas prisoner # 0328959, appeals
the district court’s dismissal without prejudice of his 42 U.S.C.
§ 1983 complaint for failure to exhaust, as required by 42 U.S.C.
§ 1997e(a). However, in his appellate brief, Holguin does not
address the district court’s dismissal of his complaint for
failure to exhaust.
Although this court applies less stringent standards to
parties proceeding pro se than to parties represented by counsel
*
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that this opinion should not be published and is not precedent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. 02-11376
-2-
and liberally construes briefs of pro se litigants, pro se
parties must still brief the issues and reasonably comply with
the requirements of FED. R. APP. P. 28. Grant v. Cuellar,
59 F.3d
523, 524 (5th Cir. 1995). Holguin’s failure to identify any
error in the district court's legal analysis or the application
of law "is the same as if he had not appealed that judgment."
Brinkmann v. Dallas County Deputy Sheriff Abner,
813 F.2d 744,
748 (5th Cir. 1987).
Because Holguin has not briefed the only appealable issue,
his appeal is without arguable merit and is DISMISSED AS
FRIVOLOUS. See Howard v. King,
707 F.2d 215, 219-20 (5th Cir.
1983); 5TH CIR. R. 42.2. The dismissal of this appeal as
frivolous is counted as one strike under 28 U.S.C. § 1915(g).
See Adepegba v. Hammons,
103 F.3d 383, 388 (5th Cir. 1996).
In Holguin v. Salvant, 02-11040 (5th Cir. Apr. 22, 2003),
Holguin received another strike under 28 U.S.C. § 1915(g), and we
warned him to review pending appeals and actions to ensure that
they were not frivolous. Holguin has not heeded that warning,
and we further warn him that the filing of frivolous pleadings in
this court or in the district court or the prosecution of
frivolous actions or appeals will subject him to sanctions beyond
those prescribed in 28 U.S.C. § 1915(g), including monetary
penalties and restrictions on his ability to file actions and
appeals.
APPEAL DISMISSED; SANCTIONS WARNING ISSUED.