Johnson v. Quarterman, et al, No. 08-10260 (5th Cir. 2008)

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 08-10260 Conference Calendar December 10, 2008 Charles R. Fulbruge III Clerk WILLIE LEE JOHNSON Plaintiff-Appellant v. NATHANIEL QUARTERMAN, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION; CHRISTINA MELTON CRAIN, Chairman, Texas Department of Criminal Justice Division; BRAD LIVINGSTON, Executive Director, Texas Department of Criminal Justice; KIM VERNON, State Counsel of Offenders, Texas Department of Criminal Justice; MELINDA BOZARTH, as General Counsel Defendants-Appellees Appeal from the United States District Court for the Northern District of Texas USDC No. 5:07-CV-225 Before DAVIS, WIENER, and PRADO, Circuit Judges. PER CURIAM:* Proceeding pro se and in forma pauperis, 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 08-10260 while intoxicated. The district court dismissed the complaint as barred by Heck v. Humphrey, 512 U.S. 477 (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. 2

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