IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-41457
Summary Calendar
JUAREZ MIGUEL BIBBS,
Plaintiff-Appellant,
versus
L. WOODS; V. PITTMAN; JAMES
A. COLLINS; M. HALL, Assistant
Warden; WAYNE SCOTT, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, INSTITUTIONAL DIVISION,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-95-CV-92
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October 27, 1998
Before EMILIO M. GARZA, BENAVIDES and STEWART, Circuit Judges.
PER CURIAM:*
Juarez Miguel Bibbs, Texas prisoner # 649087, appeals from
the dismissal of his 42 U.S.C. § 1983 complaint. Bibbs’ notice
of appeal from the magistrate judge’s final judgment dismissing
his complaint is untimely. Air Line Pilots Ass’n v. Precision
Valley Aviation, Inc., 26 F.3d 220, 223-24 (1st Cir. 1994)
(motion struck for failure to comply with the local rules does
not toll the time period for filing a notice of appeal).
*
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that this opinion should not be published and is not precedent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. 97-41457
-2-
Bibbs’ notice of appeal is timely with respect to the
magistrate judge’s denial of his second motion for new trial or
reconsideration. Bibbs, however, offers no argument with respect
to the magistrate judge’s ruling denying the motion. Although
the court liberally construes the briefs of pro se appellants,
arguments must be briefed to be preserved. Price v. Digital
Equip. Corp., 846 F.2d 1026, 1028 (5th Cir. 1988). Because Bibbs
has failed to brief the only issue properly before the court, his
appeal is DISMISSED.