Miles v. Pierson

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-10376 Conference Calendar JAMES BERNARD MILES, Plaintiff-Appellant, versus GEORGE PIERSON; MARION, Ms., Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 2:95-CV-105 - - - - - - - - - - August 21, 1996 Before KING, DUHÉ, and DeMOSS, Circuit Judges. PER CURIAM:* James Bernard Miles (#669417) appeals the district court’s dismissal of his civil rights complaint as frivolous. Miles argues that Ms. Marion failed to seal his envelopes as required by prison procedures, resulting in his outgoing nonlegal letters being lost, stolen, or misplaced. He argues that Ms. Marion failed to notify him pursuant to prison procedures that certain incoming nonlegal mail was being held longer than 48 hours as * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-10376 -2- contraband. He contends that he notified Warden Pierson of the problems with the mail, but Pierson ignored the complaint. Miles has abandoned his claim against Pierson by failing to adequately brief it. See Yohey v. Collins, 985 F.2d 222, 225 (5th Cir. 1993). Having reviewed the record and Miles’ brief, we find that the district court did not abuse its discretion by dismissing Miles’ complaint as frivolous. The dismissal is affirmed for essentially the reasons stated by the district court. Miles v. Pierson, No. 2:95-CV-0105 (N.D. Tex. March 27, 1996). AFFIRMED.