Sumbry v. Gary City Police, 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this opinion should not be published and is not precedent except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
February 23, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-30242
Conference Calendar
LARRIANTE SUMBRY,
Petitioner-Appellant,
versus
GARY CITY POLICE; CECIL DAVIS,
Respondents-Appellees.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:05-CV-75
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Before GARZA, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Larriante Sumbry, Indiana prisoner # 965137, appeals the
denial of his 28 U.S.C. § 2241 petition which the district court
construed as a motion under 28 U.S.C. § 2255 and dismissed for
lack of jurisdiction. Sumbry does not set forth argument citing
to the record and fails to identify error in the district court’s
determinations and conclusions. When an appellant fails to
identify error in the district court’s decision, it is as if the
appellant had not appealed that judgment. See Brinkmann v.

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No. 05-30242
-2-
Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir.
1987). Sumbry’s appeal is therefore DISMISSED as frivolous. See
5TH CIR. R. 42.2; Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983).

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