Wilson v. Simmons

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-60177 Conference Calendar J. CARL WILSON, GERALD GRUDZINSKAS, and DEBRA GRUDZINSKAS; Plaintiffs-Appellants, versus J. TAYLOE SIMMONS, JR. ET AL., Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:98-CV-125-WS - - - - - - - - - - April 15, 1999 Before JONES, SMITH, and DUHÉ, Circuit Judges. PER CURIAM:* J. Carl Wilson, Gerald Grudzinskas, and Debra Grudzinskas, appeal the district court’s order dismissing their civil lawsuit. The district court dismissed based on lack of jurisdiction. The appellants have not identified any error on the part of the district court. They have failed to brief whether the district court erred in dismissing their appeal for lack of jurisdiction. The appellants have presented nothing for this court to review. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 98-60177 -2- Their appeal is frivolous and is therefore DISMISSED. See Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987); 5th Cir. R. 42.2. We warn the appellants that additional frivolous appeals filed by them or on their behalf will invite the imposition of sanctions. To avoid sanctions, the appellants are cautioned to review any pending appeals to ensure that they do not raise arguments that are frivolous. Finally, the appellants’ motion to consolidate the cause of action on appeal with a separate bankruptcy action is DENIED. MOTION DENIED; APPEAL DISMISSED; SANCTIONS WARNING ISSUED.