Johnson v. Quarterman

302 F. App'x 259

Opinion

PER CURIAM: *

Proceeding pro se and in forma pauper-is, Willie Lee Johnson, a former Texas prisoner, filed a 42 U.S.C. § 1983 complaint for damages against numerous defendants involved in his 1996 Texas state conviction for driving while intoxicated. The district court dismissed the complaint as barred by Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), and as repetitive and malicious. Johnson does not challenge the district court’s conclusion that his claims were barred by Heck or were repetitive and malicious.

By failing to brief any argument challenging the district court’s reasons for dismissal, Johnson 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 and is frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.1983). Because the appeal is frivolous, it is dismissed. See 5th Cir. R. 42.2. Johnson is warned that future frivolous filings will invite the imposition of sanctions.

APPEAL DISMISSED; SANCTION WARNING ISSUED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.