James v. Garcia

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 97-40963 Conference Calendar __________________ DAVID WAYNE JAMES, Plaintiff-Appellant, versus R.A. GARCIA; V. BOYD, Unit Chief of Classification; EVA PEARY, State Class Assistant, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. V-97-CV-33 - - - - - - - - - - February 10, 1998 Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges. PER CURIAM:* David Wayne James has appealed from the district court's dismissal of his case for failure to comply with a court order; nevertheless, he has failed to address that issue on appeal. By failing to brief the only relevant issue, James has abandoned the appeal. United States v. Wilkes, 20 F.3d 651, 653 (5th Cir. 1994); Yohey v. Collins, 985, 222, 224-25 (5th Cir. 1993). James's appeal is 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. APPEAL DISMISSED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.