United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 21, 2006
Charles R. Fulbruge III
Clerk
No. 04-30398
Conference Calendar
GREGORY BROWN,
Plaintiff-Appellant,
versus
EASTERN LOUISIANA MENTAL HEALTH SYSTEM,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:03-CV-601-A
--------------------
Before STEWART, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:*
Gregory Brown, Louisiana prisoner # 103764, proceeding pro
se and in forma pauperis (IFP), appeals the dismissal of his
civil rights suit under 42 U.S.C. § 1983. The district court
dismissed Brown’s § 1983 complaint without prejudice finding that
it was barred by Heck v. Humphrey, 512 U.S. 477 (1994). The
district court further concluded that Brown’s complaint could not
be construed as a habeas petition because it was not filed in the
right district as provided by 28 U.S.C. § 2241(d).
*
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this opinion should not be published and is not precedent except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. 04-30398
-2-
On appeal, Brown does not challenge the district court’s
dismissal of his civil rights complaint as barred by Heck.
Rather, he argues the merits of his claim that he was
unconstitutionally confined in a state mental facility. Although
pro se briefs are afforded liberal construction, even pro se
litigants must brief arguments in order to preserve them. See
Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993). By
failing to identify any error in the district court’s judgment,
Brown has abandoned the issue on appeal. Id. at 225.
Brown’s appeal is without arguable merit and is dismissed as
frivolous. See 5TH CIR. R. 42.2; Howard v. King, 707 F.2d 215,
219-20 (5th Cir. 1983). The dismissal of the instant appeal as
frivolous counts as a strike under 28 U.S.C. § 1915(g). See
Adepegba v. Hammons, 103 F.3d 383, 387-88 (5th Cir. 1996). Brown
is cautioned that if he accumulates three strikes under
§ 1915(g), he will not be able to proceed IFP in any civil action
or appeal filed while he is incarcerated or detained in any
facility unless he is under imminent danger of serious physical
injury. See § 1915(g).
APPEAL DISMISSED AS FRIVOLOUS; SANCTION WARNING ISSUED.