Sanders v. Wilkinson, et al

No. 99-20798
-1-
* 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that this opinion should not be published and is not precedent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.
** 512 U.S. 477 (1994).
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-20798
Conference Calendar
HENRY LEE SANDERS,
Plaintiff-Appellant,
versus
J. MICHAEL WILKINSON; DEREK A. ADAME; ALLEN GUITRY,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-98-CV-336
--------------------
February 16, 2000
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Henry Lee Sanders, Texas prisoner # 666939, appeals the
district court’s dismissal, pursuant to 28 U.S.C.
§ 1915(e)(2)(B), of his 42 U.S.C. § 1983 lawsuit seeking both
damages and release from prison. The district court determined
that Sanders’ damages claims were barred by Heck v. Humphrey**
and that, to the extent he sought release from custody, he must
first pursue habeas relief.
In his appellate brief, Sanders renews the claims raised in

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No. 99-20798
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the lawsuit but does not brief any argument regarding the
district court’s dismissal or the reasons given therefor.
Because he fails to brief any argument that the district court
erred in dismissing his case, he has waived the sole ground for
appeal. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.
1993).
Sanders’ appeal is without arguable merit and is therefore
DISMISSED. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983); 5TH CIR. R. 42.2. His “Motion of Transfer” is DENIED.
APPEAL DISMISSED; MOTION DENIED.

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