Testo completo
* 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this opinion should not be published and is not precedent except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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-51140
Conference Calendar
ADRON P. BRAINERD,
Plaintiff-Appellant,
versus
JOE JAMES SAWYER,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-03-CV-346
--------------------
Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Adron P. Brainerd (Brainerd) appeals the dismissal of his
diversity action which was dismissed under the doctrine of res
judicata. In his pro se brief, Brainerd does not brief the issue
of whether his second action was barred by the doctrine of res
judicata. Although pro se litigants are afforded liberal
construction, even pro se litigants must brief arguments in order
to preserve them. See Yohey v. Collins, 985 F.2d 222, 224-225
(5th Cir. 1993). Thus, the issue is deemed abandoned. Id. at
United States Court of Appeals
Fifth Circuit
F I L E D
June 23, 2004
Charles R. Fulbruge III
Clerk
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No. 03-51140
-2-
225. Because Brainerd has failed to argue the only issue
arguably on appeal, the appeal is frivolous and must be DISMISSED
as such. See 5TH CIR. R. 42.2. Brainerd is WARNED that the
filing of future frivolous appeals may result in sanctions.
APPEAL DISMISSED AS FRIVOLOUS; SANCTIONS WARNING ISSUED.
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