Ramirez v. The State of Texas

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ No. 97-20626 Summary Calendar _____________________ MARIA GRACIELA RAMIREZ, Plaintiff-Appellant, versus THE STATE OF TEXAS; JOHN STANLEY, Defendants-Appellees. _________________________________________________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. H-97-CV-690 _________________________________________________________________ February 26, 1998 Before JOLLY, BENAVIDES, and PARKER, Circuit Judges. PER CURIAM:* Maria Graciela Ramirez appeals the district court’s order dismissing her civil action for failure to state a claim upon which relief may be granted. Ramirez has filed a motion to supplement the record on appeal. Because Ramirez does not state the relevance of the documents attached to her motion and because the documents would not affect the disposition of her appeal, Ramirez’s motion to supplement the record is DENIED. Because Ramirez does not address * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. the district court’s reasons for dismissing her civil action, she has abandoned the only issue before this court. See Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). Ramirez’s appeal is without arguable merit and is thus frivolous. See 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. Ramirez was previously warned in Ramirez v. Woods, No. 89-2976 (5th Cir. March 5, 1990) that she would be sanctioned if she raised any more frivolous arguments before this court. Accordingly, we IMPOSE a sanction of $105. Ramirez shall pay $105 to the clerk of the district court before she may file any appeal or petition in this court, except a direct appeal of a criminal conviction or sentence. Until she pays the sanction in full, the clerk of this court shall return to Ramirez unfiled any appeal or petition, except a direct appeal of a criminal conviction or sentence. APPEAL DISMISSED; SANCTIONS IMPOSED. -2-