Filed: Jun. 23, 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. 03-60068 Conference Calendar RICKY JOHNSON, # 38717, Plaintiff-Appellant, versus STATE OF MISSISSIPPI; REBECCA WOOTEN; LOUIS COLEMAN; LARRY MCMURPHY; BETH DAVIS; HINDS COUNTY SHERIFF’S DEPARTMENT; STACY WRIGHT; KENYON BELL; UNKNOWN WASHINGTON; UNKNOWN CHILDS, Deputy Unknown Childs; UNKNOWN ALDERMAN, Deputy Unknown Alderman; UNKNOWN DEP
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. 03-60068 Conference Calendar RICKY JOHNSON, # 38717, Plaintiff-Appellant, versus STATE OF MISSISSIPPI; REBECCA WOOTEN; LOUIS COLEMAN; LARRY MCMURPHY; BETH DAVIS; HINDS COUNTY SHERIFF’S DEPARTMENT; STACY WRIGHT; KENYON BELL; UNKNOWN WASHINGTON; UNKNOWN CHILDS, Deputy Unknown Childs; UNKNOWN ALDERMAN, Deputy Unknown Alderman; UNKNOWN DEPU..
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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. 03-60068
Conference Calendar
RICKY JOHNSON, # 38717,
Plaintiff-Appellant,
versus
STATE OF MISSISSIPPI; REBECCA WOOTEN; LOUIS COLEMAN;
LARRY MCMURPHY; BETH DAVIS; HINDS COUNTY SHERIFF’S
DEPARTMENT; STACY WRIGHT; KENYON BELL; UNKNOWN WASHINGTON;
UNKNOWN CHILDS, Deputy Unknown Childs; UNKNOWN ALDERMAN,
Deputy Unknown Alderman; UNKNOWN DEPUTY; UNKNOWN BOXX,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:02-CV-373-LN
--------------------
Before DeMOSS, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Ricky Johnson, proceeding pro se and in forma pauperis
(“IFP”), appeals the district court’s dismissal of his 42 U.S.C.
§ 1983 complaint for failure to state a claim upon which relief
can be granted. In an amended complaint, Johnson sued Assistant
District Attorney Rebecca Wooten. Johnson alleged that Wooten
procured a groundless state indictment, brought charges against
*
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that this opinion should not be published and is not precedent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. 03-60068
-2-
him based upon fabricated evidence, and presented false evidence
to obtain a conviction.
The district court dismissed Johnson’s complaint, concluding
that Wooten was entitled to absolute immunity.
We apply less stringent standards to parties proceeding pro
se than to parties represented by counsel, and we liberally
construe the briefs of pro se litigants; however, pro se parties
must still brief the issues and reasonably comply with the
requirements of FED. R. CIV. P. 28. Grant v. Cuellar,
59 F.3d
523, 524 (5th Cir. 1995). When an appellant fails to identify
any error in the district court’s analysis, it is the same as if
the appellant had not appealed that judgment. Brinkmann v.
Dallas County Deputy Sheriff Abner,
813 F.2d 744, 748 (5th Cir.
1987).
Johnson does not challenge the district court’s conclusion
that Wooten was entitled to absolute immunity. Because Johnson
does not address the district court’s reason for dismissing his
complaint, he has abandoned the only issue on appeal.
Brinkmann,
813 F.2d at 748.
Johnson’s appeal is without arguable merit, is frivolous,
and is DISMISSED. See Howard v. King,
707 F.2d 215, 219-20 (5th
Cir. 1983); 5TH CIR. R. 42.2.
APPEAL DISMISSED AS FRIVOLOUS.