IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-10699
Conference Calendar
ASADI SHAMSIDEEN,
Plaintiff-Appellant,
versus
THE STATE OF TEXAS ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:97-CV-1092-X
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June 16, 1998
Before DAVIS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
Asadi Shamsideen appeals the district court’s dismissal for
failure to state a claim of his pro se, in forma pauperis civil
rights lawsuit, pursuant to 42 U.S.C. § 1983. Even giving his
appellate brief the liberal construction afforded pro se
pleadings,** Shamsideen does not address the issues of absolute
or Eleventh-Amendment immunity in his appellate brief. See id.,
passim. He has therefore waived any argument challenging the
*
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that this opinion should not be published and is not precedent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.
**
Haines v. Kerner, 404 U.S. 519, 521 (1972).
No. 97-10699
-2-
district court’s conclusion that the appellees are immune from
suit. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.
1993); Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d
744, 748 (5th Cir. 1987)(issues not asserted on appeal are
abandoned). Because Shamsideen fails to challenge the district
court’s dismissal of his illegal-detention claim, that claim is
likewise abandoned. Id. Further, because his lawsuit was
dismissed for failure to state a claim prior to service on the
appellants, Shamsideen’s argument that he is entitled to a
default judgment is meritless. See 28 U.S.C. § 1915A.
Shamsideen’s appeal is without arguable merit and is thus
frivolous. Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983).
Because it is frivolous, it is DISMISSED. 5th Cir. R. 42.2.
We caution Shamsideen that any additional frivolous appeals
filed by him or on his behalf will invite the imposition of
sanctions. To avoid sanctions, Shamsideen is further cautioned
to review any pending appeals to ensure that they do not raise
arguments that are frivolous.
Shamsideen’s motions for default judgment, damages, and the
appointment of counsel are DENIED.
APPEAL DISMISSED; SANCTIONS WARNING ISSUED; MOTIONS DENIED.