Case: 16-30042 Document: 00513725563 Page: 1 Date Filed: 10/19/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-30042 FILED
Summary Calendar October 19, 2016
Lyle W. Cayce
Clerk
KENNETH SPRADLEY,
Plaintiff-Appellant
v.
TODD BARRERE; DONALD JOHNSON; CRAIG WHITE,
Defendants-Appellees
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:15-CV-653
Before JONES, WIENER, and CLEMENT, Circuit Judges.
PER CURIAM: *
Kenneth Spradley, Louisiana prisoner # 101526, appeals the district
court’s dismissal without prejudice of his 42 U.S.C. § 1983 complaint for failing
to comply with the court’s order to pay the filing fee. The district court
determined that Spradley was barred from proceeding in forma pauperis,
pursuant to the three-strikes provision of 28 U.S.C. § 1915(g), and ordered
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-30042 Document: 00513725563 Page: 2 Date Filed: 10/19/2016
No. 16-30042
Spradley to pay the filing fee within 21 days of the court’s order. Spradley
did not comply.
We review a district court’s dismissal of an action for failure to prosecute
or for failure to comply with any court order for abuse of discretion.
McCullough v. Lynaugh, 835 F.2d 1126, 1127 (5th Cir. 1988). Spradley does
not challenge the district court’s conclusion that he failed to comply with the
court’s order to pay the initial filing fee. By failing to brief any argument
challenging the district court’s reason for dismissal, Spradley has abandoned
the issue. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993);
Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir.
1987). Thus, he has not shown that the district court abused its discretion in
dismissing his action without prejudice. See McCullough, 835 F.2d at 1127.
The judgment of the district court is AFFIRMED. All outstanding
motions are DENIED.
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