United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 16, 2005
Charles R. Fulbruge III
Clerk
No. 04-20783
Conference Calendar
DARRELL J. HARPER,
Plaintiff-Appellant,
versus
DORSETT BROTHERS; ET AL.,
Defendants,
DORSETT BROTHERS; EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:04-CV-2059
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Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
Darrell J. Harper filed a civil complaint against Dorsett
Brothers Concrete Supply, Inc., and the Equal Employment
Opportunity Commission (EEOC) for $4,000,000, alleging that he
had been dismissed from his employment with Dorsett Brothers
because of his race. The district court dismissed his complaint
because it violated an injunction entered December 23, 2002.
*
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this opinion should not be published and is not precedent except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. 04-20783
-2-
Harper has filed a motion in this court seeking leave to proceed
in forma pauperis (IFP) on appeal.
Because Harper does not address the reason for the district
court’s dismissal of his complaint, he has failed to establish a
nonfrivolous ground for appeal. See Carson v. Polley, 689 F.2d
562, 586 (5th Cir. 1982); FED. R. APP. P. 24(a). His IFP motion
is DENIED. As the appeal contains no nonfrivolous issues, it is
DISMISSED. Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983);
5TH CIR. R. 42.2.
We previously cautioned Harper that the filing or
prosecution of frivolous appeals would subject him to sanctions.
Harper v. City of Houston, No. 04-20787 (5th Cir. June 21, 2005)
(unpublished). That appeal, too, involved the district court’s
dismissal for failure to comply with the December 23, 2002,
injunction. Because this appeal was briefed prior to our
warning, we decline to sanction Harper at this time. However, we
reiterate our warning. Harper should review all pending appeals
to ensure that they are not frivolous.
MOTION DENIED; APPEAL DISMISSED; SANCTION WARNING ISSUED.