IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-31435
Conference Calendar
WILLIE EARL BERRY,
Plaintiff-Appellant,
versus
CHARLES C. FOTI, JR.; ORLEANS PARISH PRISON
MEDICAL DEPARTMENT; MARVIN GATES,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 00-CV-1752
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December 11, 2001
Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Willie Earl Berry, Orleans Parish prison inmate No. 946266,
appeals the dismissal of his 42 U.S.C. § 1983 suit. Berry
alleged that he was not timely transferred to the custody of the
Louisiana Department of Corrections following his conviction for
aggravated battery and that the medical care he received at the
Orleans Parish Prison was constitutionally inadequate. The
district court dismissed the complaint as legally frivolous and
for failure to state a claim.
*
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that this opinion should not be published and is not precedent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. 00-31435
-2-
Berry has abandoned his arguments concerning a transfer to
the Louisiana Department of Corrections by failing to address the
issue in his appellate brief. Yohey v. Collins, 985 F.2d 222,
225 (5th Cir. 1993). Berry’s arguments concerning his claims of
inadequate medical treatment are not supported by citation to the
record or to legal authority. Although this court liberally
construes the briefs of pro se litigants, pro se parties must
still brief the issues and comply with the standards of Rule 28
of the Federal Rules of Appellate Procedure. See Grant v.
Cuellar, 59 F.3d 523, 524 (5th Cir. 1995); FED. R. APP. P.
28(a)(7) and (9)(A). Berry’s appeal is inadequately briefed, and
we thus DISMISS the appeal as frivolous. 5TH CIR. R. 42.2.
The dismissal of the instant appeal as frivolous and the
district court’s dismissal of the civil rights complaint as
frivolous both count as “strikes” under the three-strikes
provision of 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103
F.3d 383, 385-87 (5th Cir. 1996). Berry is cautioned that, once
he accumulates three strikes, he may not proceed in forma
pauperis in any civil action or appeal filed while he is
incarcerated or detained in any facility unless he is under
imminent danger of serious physical injury. See 28 U.S.C.
§ 1915(g).
APPEAL DISMISSED; SANCTION WARNING ISSUED.