Williams v. Johnson

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-20556 Conference Calendar DAVID EARL WILLIAMS, Plaintiff-Appellant, versus GARY JOHNSON, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-96-CV-904 - - - - - - - - - - February 11, 1998 Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges. PER CURIAM:* The district court dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2) the 42 U.S.C. § 1983 complaint filed by David Earl Williams, Texas inmate # 652854. Williams 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 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. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 97-20556 -2- Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). Because Williams 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. Id. Williams’ 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. We caution Williams that any additional frivolous appeals filed by him or on his behalf will invite the imposition of sanctions. To avoid sanctions, Williams is further cautioned to review any pending appeals to ensure that they do not raise arguments that are frivolous. APPEAL DISMISSED; SANCTION WARNING ISSUED.