United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 24, 2003
Charles R. Fulbruge III
Clerk
No. 02-30930
Conference Calendar
ALI REZA DADI,
Petitioner-Appellant,
versus
JOSEPH M. HARO,
Respondent-Appellee.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 01-CV-1267
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Before DeMOSS, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Ali Reza Dadi (“Dadi”), federal prisoner number 59270-079,
appeals the district court’s dismissal with prejudice of his
application for a federal writ of habeas corpus.
Dadi did not raise his double jeopardy clause argument until
his reply brief, and it is deemed abandoned. See Cousin v. Trans
Union Corp., 246 F.3d 359, 373 n.22 (5th Cir.), cert. denied, 534
U.S. 951 (2001). Dadi argues for the first time on appeal that
various actions by the investigating officer and the Bureau of
*
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that this opinion should not be published and is not precedent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. 02-30930
-2-
Prisons constitute the obstruction of justice and violated his
due process and equal protection rights. This court does not
consider issues raised for the first time on appeal “unless they
involve purely legal questions and failure to consider them would
result in manifest injustice.” Blanks v. Murco Drilling Corp.,
766 F.2d 891, 897 (5th Cir. 1985). Because these issues do not
involve purely legal questions and because Dadi could have raised
these issues in his application but did not, there is no manifest
injustice in declining to address these issues on appeal. See
id.
As there is no argument properly before this court, the
appeal is frivolous and is dismissed as such. See Howard v.
King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5TH CIR. R. 42.2.
APPEAL DISMISSED.