[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 04-14911 May 4, 2005
Non-Argument Calendar THOMAS K. KAHN
________________________ CLERK
D. C. Docket No. 04-00046-CV-4-RH-WCS
DERICK M. WEBB,
Plaintiff-Appellant,
versus
TALLAHASSEE POLICE DEPARTMENT,
APRIL ROBBINS,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Northern District of Florida
_________________________
(May 4, 2005)
Before BIRCH, BARKETT and WILSON, Circuit Judges.
PER CURIAM:
Derick M. Webb, proceeding pro se, appeals the district court’s order
dismissing his civil suit under 42 U.S.C. § 1983. Webb does not present any
arguments on appeal. He submitted the docket sheet from the district court and
copies of various pleadings, including his amended complaint, the original
complaint, the magistrate judge’s report and recommendation, the district court’s
order dismissing the case, and the final judgment.
Issues that are not briefed on appeal are considered abandoned. Denney v.
City of Albany, 247 F.3d 1172, 1182 (11th Cir. 2001). Thus as Webb fails to
assert any error in the district court’s dismissal of his § 1983 action, we could
deem such arguments abandoned. Pro se pleadings, however, are governed by
less stringent standards than counseled pleadings. Haines v. Kerner, 404 U.S.
519, 520, 92 S.Ct. 594, 596 (1972). Therefore, even though Webb fails to raise
any arguments on appeal, we liberally construe his appeal to encompass a
challenge to the district court’s order dismissing his § 1983 action.
We review a district court’s dismissal under Federal Rules of Civil
Procedure 12(b)(6) for failure to state a claim de novo. We accept all allegations
in the complaint as true and view them in the light most favorable to the plaintiff.
Shands Teaching Hosp. and Clinics, Inc. v. Beech St. Corp., 208 F.3d 1308, 1310
(11th Cir. 2000). A motion to dismiss under Rule 12(b)(6) should be granted
“only if it is clear that no relief could be granted under any set of facts that could
be proved consistent with the allegations of the complaint.” Id. Finally,
2
“negligent conduct does not give rise to § 1983 liability for resulting unintended
loss of or injury to life, liberty, or property.” Cannon v. Macon County, 1 F.3d
1558, 1563 (11th Cir. 1993).
Upon careful review of the record, we find no reversible error. Webb’s
amended complaint alleged that his probation violation conviction resulted from
the negligent and irresponsible conduct of the probation office. Allegations of
negligent conduct are insufficient to state a claim under § 1983. Id. Thus, Webb’s
amended complaint failed to state a claim upon which relief may be granted and
the district court properly dismissed Webb’s § 1983 action. Accordingly, we
affirm.
AFFIRMED.
3