IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-11095 Conference Calendar

RICKY JOE PETTIT, Plaintiff-Appellant,

versus RANDALL COUNTY, TEXAS, Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 2:96-CV-12 - - - - - - - - - - February 20, 1997 Before SMITH, EMILIO M. GARZA, and PARKER, Circuit Judges.

PER CURIAM:* Ricky Joe Pettit has filed a brief which restates the factual allegations in his original complaint pursuant to 42 U.S.C. § 1983. The merits of his complaint were never addressed because the district court ordered Pettit to supplement his complaint with further factual information and Pettit failed to comply with the order. The district court dismissed the complaint for failure to prosecute.

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.

No. 96-11095 - 2 - Pettit fails to argue in his appeal brief any error on the part of the district court, e.g., that the district court erred in dismissing his complaint for want of prosecution. Pettit has presented nothing for this court to review. His appeal is frivolous and is therefore DISMISSED. See Grant v. Cuellar, 59 F.3d 523, 524-25 (5th Cir. 1995); 5th Cir. R. 42.2.

APPEAL DISMISSED.