Case: 17-40913 Document: 00514468822 Page: 1 Date Filed: 05/11/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-40913 FILED
Summary Calendar May 11, 2018
Lyle W. Cayce
Clerk
MICHAEL L. MARK,
Plaintiff−Appellant,
versus
LEE ANN SPEARS; KEVIN WHEAT; BALDEN POLK; VICKIE BARROW;
JONATHAN CLARK; GINA BENTLEY; JENNIFER SMITH;
BILLY HORTON; LANETTE LINTHICUM,
Defendants−Appellees.
Appeal from the United States District Court
for the Eastern District of Texas
No. 6:16-CV-1123
Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
PER CURIAM: *
Michael Mark, Texas prisoner #1064829, appeals the dismissal without
prejudice of his 42 U.S.C. § 1983 complaint for failure to obey an order and
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-40913 Document: 00514468822 Page: 2 Date Filed: 05/11/2018
No. 17-40913
want of prosecution. In his sole issue on appeal, Mark challenges the severance
and partial transfer ordered by the magistrate judge. He also moves for the
recusal of the magistrate judge.
Although we apply a less stringent standard to parties proceeding pro se
than to those represented by counsel, and though we liberally construe the
briefs of pro se litigants, parties proceeding pro se must still brief the issues
and reasonably comply with Federal Rule of Appellate Procedure 28. Grant v.
Cuellar, 59 F.3d 523, 524 (5th Cir. 1995). Because Mark has not challenged
the district court’s conclusion that his complaint should be dismissed for failure
to obey an order and want of prosecution, he has abandoned the only cognizable
issue before this court. See Yohey v. Collins, 985 F.2d 222, 224−25 (5th Cir.
1993); Brinkmann v. Dallas Cty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th
Cir. 1987).
In light of Mark’s abandonment of his claim, the dismissal without preju-
dice is AFFIRMED, and the motion to recuse is DENIED.
2