Sammie Jones v. State of Texas

Case: 11-20311 Document: 00511704472 Page: 1 Date Filed: 12/22/2011

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit

FILED
December 22, 2011
No. 11-20311
Summary Calendar Lyle W. Cayce
Clerk

SAMMIE JONES,

Plaintiff-Appellant

STATE OF TEXAS,

Defendant-Appellee

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:11-CV-465

Before REAVLEY, SMITH, and PRADO, Circuit Judges.
PER CURIAM:*
Sammie Jones filed a civil rights complaint against the State of Texas
related to his prosecution for a misdemeanor in state court. The district court
dismissed the action under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a
claim upon which relief could be granted. On appeal, Jones does not address the
district court’s determination that he did not state a claim. Rather, his brief
contains new allegations of racial discrimination and official misconduct that
have no relation to his misdemeanor prosecution in state court.

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-20311 Document: 00511704472 Page: 2 Date Filed: 12/22/2011

No. 11-20311

When an appellant does not identify any error in the district court’s
analysis, it is the same as if the appellant had not appealed the judgment.
Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir.
1987). Although pro se briefs are afforded liberal construction, see Haines v.
Kerner, 404 U.S. 519, 520 (1972), even pro se litigants must brief arguments in
order to preserve them. Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).
Because Jones has not addressed the district court’s determination that he failed
to state a claim, he has abandoned the only issue for appeal. See Brinkmann, 813
F.2d at 748; Yohey, 985 F.2d at 224-25.
AFFIRMED.