Vauda Shipp, Jr. v. Zack Hawthorn

Case: 16-41693 Document: 00514241902 Page: 1 Date Filed: 11/17/2017

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

No. 16-41693 FILED
Summary Calendar November 17, 2017
Lyle W. Cayce
Clerk
VAUDA VIRGLE SHIPP, JR.,

Plaintiff-Appellant

ZACK HAWTHORN, Magistrate Judge; RACHEL CHAPA; FRANK LARA;
DALLAS JONES; JOEL LYN A. MCCORMICK; LEENA ALAAM; TIMOTHY
FAERBER; UNITED STATES OF AMERICA,

Defendants-Appellees

Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:16-CV-154

Before JOLLY, OWEN, and HAYNES, Circuit Judges.
PER CURIAM: *
Vauda Virgle Shipp, Jr., federal prisoner # 09724-062, appeals the
district court’s dismissal without prejudice of his 42 U.S.C. § 1983 complaint
for failing to comply with the court’s order to pay the initial partial filing fee.
We review a district court’s dismissal of an action for failure to prosecute
or for failure to comply with any court order for abuse of discretion.

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-41693 Document: 00514241902 Page: 2 Date Filed: 11/17/2017

No. 16-41693

McCullough v. Lynaugh, 835 F.2d 1126, 1127 (5th Cir. 1988). Shipp does not
challenge the district court’s conclusion that he failed to comply with the
court’s order to pay the initial filing fee. By failing to brief any argument
challenging the district court’s reason for dismissal, Shipp has abandoned the
issue. 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). Thus,
he has not shown that the district court abused its discretion in dismissing his
action without prejudice. See McCullough, 835 F.2d at 1127.
The judgment of the district court is AFFIRMED. Shipp’s motion for
leave to file a supplemental brief is DENIED.