United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS April 16, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
__________________ Clerk
No. 02-50844
Summary Calendar
__________________
ANTHONY RODRIGUEZ,
Plaintiff-Appellant,
versus
UNITED STATES OF AMERICA,
Defendant-Appellee.
Appeal from the United States District Court
for the Western District of Texas
(01-CV-726)
Before BARKSDALE, DEMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Anthony Rodriguez appeals, pro se, from the dismissal with
prejudice of his civil rights complaint against the United States
alleging numerous physical and mental ailments, financial
difficulties, and inability to obtain relief from prior actions.
Rodriguez’s complaint was dismissed, pursuant to FED. R. CIV. P.
12(b)(6), 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that this opinion should not be published and is not precedent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.
We normally review a 12(b)(6) dismissal de novo. E.g.,
Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir.), cert. denied, 525
U.S. 865 (1998). However, Rodriguez has not challenged in this
court the district court’s reasons for dismissing his complaint.
Accordingly, it is as if Rodriguez had not appealed the judgment.
See Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744,
748 (5th Cir. 1987).
Rodriguez’s appeal is without arguable merit and is frivolous.
See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Because
the appeal is frivolous, it is DISMISSED. See 5TH CIR. R. 42.2. We
caution Rodriguez that any further frivolous pleadings of any kind
may result in the imposition of sanctions, including dismissal,
monetary sanctions, and restrictions on his ability to file
pleadings in this court and any court subject to this court’s
jurisdiction.
APPEAL DISMISSED AS FRIVOLOUS; SANCTIONS WARNING ISSUED
2