Brown v. Collins

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-40423 Summary Calendar BERTRAND BROWN; ET AL Plaintiffs BERTRAND BROWN Plaintiff - Appellant v. JAMES A. COLLINS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION Defendant - Appellee -------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:95-CV-428 -------------------- July 18, 2000 Before KING, Chief Judge, and JOLLY and PARKER, Circuit Judges. PER CURIAM:* Bertrand Brown, Texas state prisoner #296134, appeals from the district court’s dismissal of his civil rights complaint without prejudice. He argues that the district court erred by dismissing his civil rights complaint without prejudice based merely upon the number of defendants named and claims raised in the suit and that the district court abused its discretion by denying his motion for the appointment of counsel. We have * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-40423 -2- reviewed the record and find no reversible error. Brown has not shown that the district court erred by dismissing his civil rights complaint without prejudice, and he has shown no exceptional circumstances warranting the appointment of counsel. See Ulmer v. Chancellor, 691 F.2d 209, 212 (5th Cir. 1982). Finally, because Brown has not adequately briefed his claims that the district court erred by ordering him to pay a $26.97 initial partial filing fee and by denying his motion for a temporary restraining order, these claims are deemed abandoned on appeal and are therefore not considered by this court. Accordingly, the judgment of the district court is AFFIRMED. AFFIRMED.