[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 11-10290 JULY 20, 2011
Non-Argument Calendar JOHN LEY
CLERK
________________________
D.C. Docket No. 2:10-cv-03594-KOB
TAFT J. PERRY, JR.,
Plaintiff-Appellant,
versus
MARY L. JORDAN,
MARGARET ROBINSON,
Dr.
LAWSON STATE COMMUNITY COLLEGE,
Defendants-Appellees,
_________________________
Appeal from the United States District Court
for the Northern District of Alabama
_________________________
(July 20, 2011)
Before BARKETT, MARCUS and BLACK, Circuit Judges.
PER CURIAM:
Taft Perry, Jr. appeals pro se from the district court’s sua sponte dismissal
of his complaint for failing to allege a federal claim upon which relief may be
granted, 28 U.S.C. § 1915(e)(2)(B)(ii). On appeal, Perry does not challenge the
district court’s dismissal of his suit, but instead argues the merits of his complaint
that he was denied his federal civil right to a college education.
We review de novo a district court’s sua sponte dismissal for failure to state
a claim under 28 U.S.C. § 1915(e)(2)(B)(ii), and view the allegations in the
complaint as true. Hughes v. Lott, 350 F.3d 1157, 1159-60 (11th Cir. 2003)
(citation omitted). Pro se pleadings are construed liberally. Id. at 1160.
However, issues not briefed on appeal are deemed abandoned. Access Now, Inc. v.
Southwest Airlines Co., 385 F.3d 1324, 1330 (11th Cir. 2004).
A court shall dismiss a case proceeding in forma pauperis “at any time if the
court determines that . . . the action . . . fails to state a claim upon which relief may
be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii). A pleading that states a claim for
relief must contain “a short and plain statement of the grounds for the court’s
jurisdiction, unless the court already has jurisdiction and the claim needs no new
jurisdictional support.” Fed. R. Civ. P. 8(a)(1).
Perry has abandoned any challenge to the district court’s dismissal of his
complaint for failure to state a claim upon which relief may be granted by failing
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to raise that issue in his appellate brief. Moreover, the district court did not err in
dismissing Perry’s complaint without prejudice because Perry did not assert any
federal constitutional or statutory violation in his complaint. Thus, we affirm.
AFFIRMED.
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