UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-11228
Summary Calendar
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JAMES ALFRED GARY,
Plaintiff-Appellant,
versus
D.L. “SONNY” KEESEE, Sheriff of
Lubbock County, Texas; DON JOHNSON,
Jail Administrator for Sheriff’s Office,
Lubbock County, Texas,
Defendants-Appellees.
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Appeal from the United States District Court for the
Northern District of Texas
(5:96-CV-185)
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June 4, 1997
Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Texas prisoner James Alfred Gary, No. 41121, appeals the
district court’s imposition of a sanction and dismissal of his
civil rights complaint on the grounds that the complaint contained
*
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this opinion should not be published and is not precedent except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.
a perjurious statement, and Gary had failed to comply with a prior
sanction by the district court. Because Gary has failed to present
any appellate argument challenging the district court’s stated
reasons for dismissing his complaint and imposing a sanction, he
has abandoned those issues. See Yohey v. Collins, 985 F.2d 222,
224-25 (5th Cir. 1993).
On appeal, Gary argues that the State’s computation of his
sentence is improper. Gary did not raise this argument in the
district court, and he has failed to present any facts that suggest
that his sentence is plainly erroneous. Douglass v. United Servs.
Auto. Ass’n, 79 F.3d 1415, 1428 (5th Cir. 1996) (en banc).
The appeal is without arguable merit and thus frivolous.
Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Because the
appeal is frivolous, it is DISMISSED. 5th Cir. R. 42.2. Gary’s
motions to supplement the record, to file a supplemental brief, and
for appointment of counsel are DENIED AS MOOT.
APPEAL DISMISSED; MOTIONS DENIED AS MOOT.
2