Rickey Caruthers v. F. Lara

Case: 14-40870 Document: 00513171649 Page: 1 Date Filed: 08/27/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 14-40870 FILED Summary Calendar August 27, 2015 Lyle W. Cayce Clerk RICKEY A. CARUTHERS, Petitioner-Appellant v. F. LARA, Warden, Respondent-Appellee Appeals from the United States District Court for the Eastern District of Texas USDC No. 1:14-CV-325 Before DAVIS, JONES, and GRAVES, Circuit Judges. PER CURIAM: * Ricky A. Caruthers, federal prisoner # 16601-075, appeals the district court’s dismissal of his 28 U.S.C. § 2241 petition, which challenged the 180- month sentence imposed upon his conviction of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924. Pro se briefs are afforded liberal construction. Yohey v. Collins, 985 F.2d 222, 225 (5th Cir. 1993). Nevertheless, when an appellant fails to identify any error in the * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 14-40870 Document: 00513171649 Page: 2 Date Filed: 08/27/2015 No. 14-40870 district court’s analysis, it is the same as if the appellant had not appealed that issue. Brinkmann v. Dallas Cnty Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). Because Caruthers has failed to brief any challenge to the reasons the district court dismissed his § 2241 petition for lack of jurisdiction, he has abandoned the critical issue of this appeal. Accordingly, the district court’s judgment is AFFIRMED. All motions pending before this court are DENIED. 2