James v. Scott

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-50406 Conference Calendar GLEN C. JAMES, Plaintiff-Appellant, versus WAYNE SCOTT, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, in his individual and official capacity; MICHAEL B. DAVIS, in his individual and official capacity; MAURICE NEWCOMB, in his individual and official capacity; DENNIS L. SERATTE, in his individual and official capacity, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. SA-96-CV-248 - - - - - - - - - - August 22, 1996 Before KING, DUHÉ, and DeMOSS, Circuit Judges. PER CURIAM:* Texas prisoner Glen C. James, #660410, appeals the district court’s dismissal, as frivolous, of his civil rights claims. James attempts to incorporate by reference the arguments which * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-50406 - 2 - were presented to the district court. He may not do so. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993). Because James has failed to brief any issues on appeal, he has abandoned any issues raised in the district court. See Evans v. City of Marlin, Tex., 986 F.2d 104, 106 n.1 (5th Cir. 1993). Accordingly, James’ appeal is DISMISSED AS FRIVOLOUS. See 5th Cir. R. 42.2. This court has previously warned James of the possibility of sanctions for filing frivolous lawsuits. Accordingly, James is barred from filing any pro se, in forma pauperis, civil appeal in this court, or any pro se, in forma pauperis, initial civil pleading in any court which is subject to this court's jurisdiction, without the advance written permission of a judge of the forum court or of this court; the clerk of this court and the clerks of all federal district courts in this Circuit are directed to return to James, unfiled, any attempted submission inconsistent with this bar. APPEAL DISMISSED; SANCTION IMPOSED.