Fairris v. Smith, et al

* 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 R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
United States Court of Appeals
Fifth Circuit
F I L E D
June 3, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-20088
Summary Calendar
JERRY LEONARD FAIRRIS,
Plaintiff-Appellant,
versus
S. SMITH, Assistant Warden; J. MORGAN;
H.H. HARRIS, Captain; S. ALLEN, Lieutenant,
Defendants-Appellees.
__________________________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CV-260
__________________________________________
Before JONES, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
Jerry Leonard Fairris, Texas prisoner # 432739, has appealed the district court’s denial of
his motion for relief from the judgment pursuant to FED. R. CIV. P. 60(b). Fairris’ brief does not
address the basis of the district court’s denial of his Rule 60(b) motion. When an appellant fails to
identify any error in the district court’s analysis, it is the same as if the appellant had not appealed
that judgment. Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir.

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1987). Because Fairris does not address the district court’s reasons for denying his Rule 60(b)
motion, he has abandoned the only issue before the court. See id.
Fairris’ appeal is without arguable merit and, therefore, it is DISMISSED as frivolous.
See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983); see 5TH CIR. R. 42.2. The dismissal
of this appeal counts as a strike under 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103
F.3d 383, 387 (5th Cir. 1996). Fairris received a strike in the district court’s dismissal of his
appeal of the final judgment in this case and in this court’s dismissal of his appeal of that
judgment. Fairris has now accumulated three strikes under 28 U.S.C. § 1915(g), and he may not
proceed in forma pauperis in any civil action or appeal filed while he is incarcerated or detained in
any facility unless he is under imminent danger of serious physical injury. See 28 U.S.C.
§ 1915(g).
APPEAL DISMISSED; 28 U.S.C. § 1915(G) BAR IMPOSED.

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