Dowdell v. Wackenhut

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-30344 Conference Calendar JOHN W. DOWDELL, Plaintiff-Appellant, versus WACKENHUT, Allen Correctional Center; MEDICAL STAFF, ALLEN CORRECTIONAL CENTER, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Western District of Louisiana USDC No. 97-CV-500 - - - - - - - - - - April 19, 1999 Before JONES, SMITH, and DUHÉ, Circuit Judges. PER CURIAM:* John D. Dowdell, a Louisiana prisoner (# 93062), appeals the district court’s dismissal of his 42 U.S.C. § 1983 civil rights action as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Because Dowdell does not now raise any arguments concerning the basis of the district court’s dismissal of his complaint--that Dowdell failed to identify individual “persons” who allegedly violated his constitutional rights--he has abandoned the only issue before this court. See Brinkmann v. Dallas County Deputy * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 98-30344 -2- Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). Dowdell’s appeal is without arguable merit and is thus frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Dowdell’s appeal is thus DISMISSED. 5TH CIR. R. 42.2. APPEAL DISMISSED.