IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-21026 Conference Calendar

DANIEL LOUIS JOHNSON, Plaintiff-Appellant, versus GAYNELLE GRIFFIN JONES, Defendant-Appellee.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-98-CV-373 -------------------- August 26, 1999 Before KING, Chief Judge, and JOLLY and DAVIS, Circuit Judges.

PER CURIAM:* Daniel Louis Johnson, Texas prisoner No. 465571, appeals the dismissal of his petition for a writ of mandamus for failure to authorize payment of the filing fee. However, Johnson has failed to brief any issues related to the district court’s order of dismissal. Although this court liberally construes the pleadings of pro se appellants, arguments must still be briefed to be preserved. Price v. Digital Equip. Corp., 846 F.2d 1026, 1028 (5th Cir. 1988)(citations omitted). Because Johnson has failed

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

No. 98-21026 -2- to brief the only issue available to him on appeal, his appeal is without merit and is frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Because the appeal is without merit, it is dismissed. 5th Cir. R. 42.2.

DISMISSED.