Ivory Simon v. Tim Morgan, et al, No. 16-30081 (5th Cir. 2016)

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Case: 16-30081 Document: 00513597100 Page: 1 Date Filed: 07/18/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-30081 Summary Calendar United States Court of Appeals Fifth Circuit FILED July 18, 2016 IVORY LANE SIMON, Plaintiff-Appellant Lyle W. Cayce Clerk v. TIM MORGAN; BRENDA SMILEY; JAMES M. LEBLANC; ELOISE ANDERSON; DANIEL MARR; DOCTOR K. KUPLESKY; TERRY TERRELL; DOCTOR T. HART; NELDA WILSON; MONA HEYSE, Defendants-Appellees Appeal from the United States District Court for the Western District of Louisiana USDC No. 1:15-CV-1882 Before WIENER, HIGGINSON, and COSTA, Circuit Judges. PER CURIAM: * Ivory Lane Simon, Louisiana prisoner # 505008, appeals from the district court’s dismissal of his civil rights case under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A. In his complaint, Simon alleged that he was placed in lockdown in retaliation for bringing litigation against members of the administration at the Winn Correctional Center; that his property and legal work was confiscated 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-30081 Document: 00513597100 Page: 2 Date Filed: 07/18/2016 No. 16-30081 during a shakedown; and that his complaints and grievances as to the seizure of his property were not addressed. We review the dismissal of his complaint de novo. See Geiger v. Jowers, 404 F.3d 371, 373 (5th Cir. 2005). Simon has failed to present any factual allegations or legal arguments regarding his claims, explain his allegations against any individual defendant, or identify an error in the district court’s conclusion that his complaint should be dismissed. Furthermore, he does not articulate the reason that he deserves relief, cite to legal authority, or set forth any applicable legal standards. See FED. R. APP. P. 28(a)(9). While Simon has offered copies of documents that he filed in the district court, he may not incorporate by reference the arguments raised in those pleadings. See Yohey, 985 F.2d at 224-25. Accordingly, Simon has forfeited any challenge to the district court’s judgment. See Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). AFFIRMED. 2

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