United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT September 6, 2006
Charles R. Fulbruge III
Clerk
No. 05-20257
Summary Calendar
JESUS MENDOZA MALDONADO,
Plaintiff-Appellant,
versus
MICHAEL JAMES LINDQUIST; CHRISTOPHER T. LOHDEN;
DIANE K. SMEDLEY; RUTH WATKINS,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:05-CV-97
--------------------
Before JONES, Chief Judge, and KING and DENNIS, Circuit Judges.
PER CURIAM:*
Jesus Mendoza Maldonado, proceeding pro se and in forma
pauperis, appeals the district court’s dismissal of his complaint
for failure to state a claim. On appeal, Maldonado challenges the
district court’s authority to dismiss his complaint but does not
challenge the district court’s basis for dismissing his complaint.
The district court had the authority to dismiss Maldonado’s
complaint, and Maldonado’s failure to identify an error in the
district court’s analysis is the same as if he had not appealed the
*
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opinion should not be published and is not precedent except under the limited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.
judgment. See 28 U.S.C. § 1915(e)(2); Brinkmann v. Dallas County
Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987); Yohey v.
Collins, 985 F.2d 222, 225 (5th Cir. 1993); 18 U.S.C. § 1915(e).
Further, conclusional assertions are not sufficient to establish a
retaliation claim. See Woods v. Smith, 60 F.3d 1161, 1166 (5th
Cir. 1995) (to establish retaliation claim, one must produce either
direct evidence of a retaliatory motive or at least “allege a
chronology of events from which retaliation may plausibly be
inferred”) (internal quotations and citation omitted)).
As Maldonado’s appeal is without arguable merit, it is
dismissed as frivolous. See 5th Cir. R. 42.2. Maldonado is warned
that any future frivolous filings will subject him to sanctions.
APPEAL DISMISSED; SANCTION WARNING ISSUED.
2