Meyers v. Swift, 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that this opinion should not be published and is not precedent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 24, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-10117
Conference Calendar
THOMAS MEYERS,
Plaintiff-Appellant,
versus
NFN SWIFT, Assistant Warden,
Darrington Unit; NFN PRICE,
Assistant Warden, Clements Unit,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:02-CV-236
--------------------
Before DeMOSS, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Thomas Meyers, Texas prisoner # 680515, appeals from the
dismissal of his 42 U.S.C. § 1983 civil rights complaint as
frivolous and for failure to state a claim upon which relief
could be granted. 28 U.S.C. §§ 1915(e)(2), 1915A; 42 U.S.C.
§ 1997e(c)(1). Meyers provides no support for his claims and no
arguments in opposition to the district court’s judgment of
dismissal. Because Meyers fails to brief the only issues on

-- 1 of 2 --

No. 03-10117
-2-
appeal, his claims are abandoned. See Yohey v. Collins, 985 F.2d
222, 224-25 (5th Cir. 1993). Accordingly, this appeal is
frivolous and is dismissed. See Howard v. King, 707 F.2d 215,
220 (5th Cir. 1983); 5TH CIR. R. 42.2.
The district court’s dismissal of the present case and our
dismissal of this appeal count as two strikes against Meyers for
purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103
F.3d 383, 388 (5th Cir. 1996). We caution Meyers that once he
accumulates three strikes, 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; THREE-STRIKES WARNING ISSUED.

-- 2 of 2 --