Sabedra v. Johnson

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-40138 Conference Calendar RICARDO SABEDRA, Plaintiff-Appellant, versus GARY L. JOHNSON, 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. 9:00-CV-309 -------------------- April 12, 2001 Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges. PER CURIAM:* Ricardo Sabedra, Texas prisoner #395270, appeals from the dismissal of his civil rights action as frivolous and for failure to state a claim. Sabedra evidently wishes to argue that prison officials violated his constitutional rights by failing to reinstate his forfeited good-conduct time and flat time. Sabedra offers no legal argument in the brief he submitted to this court, however, and he provides insufficient factual allegations to support any legal argument. He has failed to brief any issues * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-40138 -2- for appeal. Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). Sabedra’s appeal is dismissed as frivolous. Because Sabedra has had two appeals and one complaint dismissed as frivolous, he may not proceed in forma pauperis (IFP) in any civil action or appeal while imprisoned unless he is under imminent danger of serious physical injury. 28 U.S.C. § 1915(g). APPEAL DISMISSED. 5TH CIR. R. 42.2. 28 U.S.C. § 1915(g) SANCTIONS IMPOSED.