Robinson v. Owens

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-20934 Conference Calendar __________________ JOHNNY RAY ROBINSON, Plaintiff-Appellant, versus R. OWENS, Lt.; D. PROPES; P. TEDFORD, Capt., Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. CA-H-94-3810 - - - - - - - - - - February 29, 1996 Before GARWOOD, JONES, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Johnny Ray Robinson appeals the district court's 28 U.S.C. § 1915(d) dismissal with prejudice of his 42 U.S.C. § 1983 action, in which he alleges that the defendants conspired to file false disciplinary reports against him and to transfer him to a more restrictive prison unit in retaliation for his use of the prison grievance system and for filing a § 1983 action. Robinson has not alleged sufficient facts to support his claim of retaliation by a prison official. See Woods v. Smith, 60 F.3d * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 95-20934 -2- 1161, 1166 (5th Cir. 1995), cert. denied, 116 S. Ct. 800 (1996). Because Robinson has abandoned his claims of racial discrimination and constitutionally inadequate prison conditions by failing to argue them on appeal, we will not address them. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993). We warn Robinson that the filing of frivolous appeals will result in additional sanctions. E.g., Smith v. McCleod, 946 F.2d 417, 418 (5th Cir. 1991); Jackson v. Carpenter, 921 F.2d 68, 69 (5th Cir. 1991). If Robinson has any other appeals pending in this court at this time, he should review them in light of the foregoing warning and move to withdraw any appeal that is frivolous. AFFIRMED.