Worth v. Price

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 96-40082 Summary Calendar __________________

BOBBY A. WORTH,

Plaintiff-Appellant,

versus

KEITH PRICE, ET AL.,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 9:95-CV-53 - - - - - - - - - - May 15, 1996

Before DAVIS, BARKSDALE, and DEMOSS, Circuit Judges.

PER CURIAM:*

Bobby A. Worth appeals the dismissal of his 42 U.S.C. § 1983

action. Because Worth does not address the basis of the district

court's dismissal of his complaint for want of prosecution pursuant

to Fed. R. Civ. P. 41(b), he has abandoned the only issue before

this court on appeal. See Brinkmann v. Dallas County Deputy

Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). Accordingly, his

appeal is DISMISSED AS FRIVOLOUS. See 5th Cir. R. 42.2. Worth's

motion for appointment of counsel on appeal is DENIED.

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-40082 -2-

Worth is cautioned that any additional frivolous appeals filed

by him will invite the imposition of sanctions. Worth is further

cautioned to review any pending appeals to ensure that they do not

raise arguments that are frivolous because they have been

previously decided by this court.

APPEAL DISMISSED; SANCTION WARNING ISSUED; MOTION DENIED