IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-41477
Conference Calendar
JAMES EDWARD PATTERSON,
Plaintiff-Appellant,
versus
HARRY W. MCKEE; D.H. CARTER;
JOHN DOES, 1-300,*
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:96-CV-506
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February 9, 1999
Before BARKSDALE, and EMILIO M. GARZA, Circuit Judges.*
PER CURIAM:**
Patterson has filed an application for leave to proceed in
forma pauperis (IFP) on appeal, following the district court’s
certification that an appeal would be frivolous. Patterson has
failed to challenge specifically the district court’s finding
that his appeal was not taken in good faith and was legally
frivolous. Although this court liberally construes pro se
*
This matter is being decided by a quorum. 28 U.S.C. §
46(d).
**
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that this opinion should not be published and is not precedent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. 97-41477
-2-
briefs, see Haines v. Kerner, 404 U.S. 519, 520-21 (1972), the
court requires arguments to be briefed in order to be preserved.
Yohey v. Collins, 985 F.2d 222, 225 (5th Cir. 1993). Because
Patterson has failed to address the only appealable issue, the
district court’s certification of the appeal as frivolous, he has
abandoned the issue on appeal. See id.
Patterson’s request for IFP status is DENIED, and his appeal
is DISMISSED as frivolous. See 5TH CIR. R. 42.2; Baugh v. Taylor,
117 F.3d 197, 202 n.24 (5th Cir. 1997). Patterson is cautioned
that future frivolous appeals filed by him or on his behalf will
invite the imposition of sanctions. He is cautioned further to
review any pending appeals to ensure that they do not raise
arguments that are frivolous.
IFP DENIED; APPEAL DISMISSED; SANCTIONS WARNING ISSUED.