Scott v. Mask

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT November 26, 2003 Charles R. Fulbruge III Clerk No. 03-40123 Summary Calendar HARRY FRED SCOTT, Etc.; ET AL, Plaintiffs, HARRY FRED SCOTT, Reverend, Plaintiff-Appellant, versus WAYNE MASK, Mayor of Crockett, Texas; JAKE CAPRELLIAN, Crockett Economic Development Board Chairman; WILLIAM “BILL” HORN, City Administrator; WILLIAM “BILL” PEMBERTON, City Attorney; CROCKETT INDEPENDENT SCHOOL DISTRICT, Defendants-Appellees. -------------------- Appeals from the United States District Court for the Eastern District of Texas USDC No. 9:01-CV-51 -------------------- Before SMITH, DeMOSS, and STEWART, Circuit Judges. PER CURIAM:* Harry Fred Scott appeals from the dismissal of his civil lawsuit for failure to prosecute under FED. R. CIV. P. 41(b). Though Scott has proceeded pro se on appeal, he is still required to brief his arguments adequately to preserve them. See Yohey v. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 03-40123 -2- Collins, 985 F.2d 222, 225 (5th Cir. 1993). Though Scott contends that the dismissal was erroneous, he has failed to support that contention with adequate argument. Therefore, the appeal is dismissed as frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5TH CIR. R. 42.2. The appellant is WARNED that sanctions will be imposed if he files further frivolous appeals. APPEAL DISMISSED; SANCTION WARNING ISSUED.