U.S. Court of Appeals for the Fifth Circuit, 1999

Berry v. West

U.S. Court of Appeals for the Fifth Circuit · Decided January 12, 1999

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-40797 Consolidated with No. 97-41238 Summary Calendar WILLIE BERRY, JR., Plaintiff-Appellant, versus TIMOTHY WEST; TROY SIMPSON, LIEUTENANT, Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of Texas (1:96-CV-168)

January 11, 1999

Before POLITZ, Chief Judge, STEWART and PARKER, Circuit Judges.

PER CURIAM:* Willie Berry, Jr., a Texas state prisoner, appeals the dismissal of his civil rights action for want of prosecution, and the order directing that he pay a partial appellate filing fee. Berry briefs neither issue. This failure constitutes an abandonment of this appeal.1 Therefore this appeal must be and is DISMISSED as frivolous.2

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 1 Al-Ra’id v. Ingle, 69 F.3d 28 (5th Cir. 1995). 2 5th Cir. R. 42.2.

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