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202 F. App'x 824

Smith v. Dallas County

U.S. Courts of Appeals

Decided October 24, 2006

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U.S. Courts of Appeals · decided 2006-10-24

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Heck v. Humphrey · Howard v. King · Yohey v. Collins

Decided 2006-10-24

PER CURIAM: *

¶1 Joel Lynn Smith, proceeding pro se and in forma pauperis, appeals the district court’s dismissal of his 42 U.S.C. § 1983 complaint as barred by Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), and the statute of limitations. Although he renews the allegations of his complaint, Smith does not challenge the district court’s conclusion that his claims were barred by Heck or that his racial profiling claim was barred by the statute of limitations.

¶2 By failing to brief any argument challenging the district court’s reasons for dismissal, Smith has abandoned the only grounds for appeal. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.1993); Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir.1987). The appeal is wholly without arguable merit, is frivolous, and is therefore dismissed. See 5th Cir. R. 42.2; Howard v. King, 707 F.2d 215, 219-20 (5th Cir.1983). Smith is warned that future frivolous filings will invite the imposition of sanctions.

¶3 APPEAL DISMISSED; SANCTION WARNING ISSUED.

*

¶4 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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