IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40912
Conference Calendar
PHILLIP MCCAIN,
Plaintiff-Appellant,
versus
HERBERT SCOTT, Warden, Beto I;
DELTON W. ATWOOD, Captain, Beto I;
ALFONSO CASTILLO, Captain, Beto I;
WELDON A. HODGE, Major, Beto I,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:97-CV-662
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December 10, 1997
Before BARKSDALE, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
The district court dismissed Phillip McCain’s, Texas inmate
#622721, 42 U.S.C. § 1983 complaint as frivolous pursuant to 28
U.S.C. § 1915(g). McCain appeals, but does not challenge the
basis for the district court’s dismissal. This court will not
raise and discuss legal issues that the appellant has failed to
*
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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 97-40912
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assert. 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). Because McCain
does not address on appeal the district court's reasons for
dismissing the complaint, he has abandoned the only issue on
appeal before this court. McCain’s appeal is without arguable
merit and is frivolous. See Howard v. King, 707 F.2d 215, 219-20
(5th Cir. 1983). Because the appeal is frivolous, it is
dismissed. See 5th Cir. R. 42.2.
As noted by the district court in its order of dismissal,
this is not the first complaint filed by McCain which has been
dismissed as frivolous pursuant to § 1915(g). See McCain v.
Scott, No. 6:96-CV-539 (E.D. Tex. June 25, 1996) (civil rights
complaint dismissed by district court as frivolous; no appeal
taken).
A prisoner may not
bring a civil action or appeal a judgment in
a civil action or proceeding under this
section if the prisoner has, on 3 or more
prior occasions, while incarcerated or
detained in any facility, brought an action
or appeal in a court of the United States
that was dismissed on the grounds that it is
frivolous, malicious, or fails to state a
claim upon which relief may be granted,
unless the prisoner is under imminent danger
of serious physical injury.
§ 1915(g). Including the dismissal of this suit by the district
court and the dismissal of the appeal as frivolous by this court,
No. 97-40912
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McCain has three strikes. See Adepegba v. Hammons, 103 F.3d 383,
386-88 (5th Cir. 1996). Therefore, except for cases involving an
imminent danger of serious physical injury, § 1915(g) bars McCain
from proceeding further under § 1915. He may pursue the merits
of subsequent civil actions and appeals should he choose to pay
the filing fee in full. §§ 1911-14.
APPEAL DISMISSED; 28 U.S.C. § 1915(g) BAR ORDERED.