United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 24, 2006
Charles R. Fulbruge III
Clerk
No. 05-10642
Conference Calendar
JOEL LYNN SMITH,
Plaintiff-Appellant,
versus
DALLAS COUNTY; BILL HILL; JOHN KULL; TOM D’AMORE; BILL
STOVALL; TOM GRETT; TED SHOEMAKER,
Defendants-Appellees.
__________________________________________________________
JOEL LYNN SMITH,
Plaintiff-Appellant,
versus
CITY OF DALLAS POLICE DEPARTMENT; OFFICER NFN FRAZIER, City of
Dallas Police Officer, #7324; REUBEN RAMIREZ, Dallas Police
#7345; BYRON BOSTON, JR., City of Dallas Police #7395; CITY
MANAGER TED BENAVIDES,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:04-CV-493
USDC No. 3:04-CV-527
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Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
*
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this opinion should not be published and is not precedent except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. 05-10642
-2-
Joel Lynn Smith, proceeding pro se and in forma pauperis,
appeals the district court’s dismissal of his 42 U.S.C. § 1983
complaint as barred by Heck v. Humphrey, 512 U.S. 477 (1994), and
the statute of limitations. Although he renews the allegations
of his complaint, Smith does not challenge the district court’s
conclusion that his claims were barred by Heck or that his racial
profiling claim was barred by the statute of limitations.
By failing to brief any argument challenging the district
court’s reasons for dismissal, Smith has abandoned the only
grounds for appeal. 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). The appeal is wholly without
arguable merit, is frivolous, and is therefore dismissed. See
5TH CIR. R. 42.2; Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983). Smith is warned that future frivolous filings will invite
the imposition of sanctions.
APPEAL DISMISSED; SANCTION WARNING ISSUED.