Sewell v. State of Louisiana

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-30794 Conference Calendar MELVIN LOUIE SEWELL, JR., Plaintiff-Appellant, versus STATE OF LOUISIANA ET AL., Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Western District of Louisiana USDC No. 97-CV-2164 - - - - - - - - - - June 17, 1999 Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges. PER CURIAM:* Melvin Louie Sewell, Jr., federal inmate # 08439-035, proceeding pro se and in forma pauperis (IFP), appeals the district court’s dismissal as frivolous, pursuant to 28 U.S.C. § 1915(e), of his civil rights lawsuit as barred by the Louisiana prescriptive period of one year. Sewell also moves this court to appoint him counsel. The motion is DENIED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 98-30794 -2- Sewell does not address the district court’s reason for dismissing his civil rights complaint, and thus, he has abandoned the only issue for appeal. See Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). The district court did not err in dismissing Sewell’s complaint without allowing him to amend. See Jacquez v. Procunier, 801 F.2d 789, 791 (5th Cir. 1986). AFFIRMED; MOTION DENIED.