Jackson v. Lee

U.S. Court of Appeals for the Fifth Circuit

Jackson v. Lee

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-30990 Conference Calendar

MILTON JACKSON,

Plaintiff-Appellant,

versus

HARRY LEE, Sheriff; PAUL CONNICK, JR, 24th Judicial District Prosecutor, DEBORAH VILLEO, 24th Judicial District Prosecutor; LAURIE BUTLER, 24th Judicial District Prosecutor; DARLENE LEWIS, 24th Judicial District Prosecutor; ANTOINETTE ULMER; TERRY GRAFFEO; KENNETH J BECK, Esquire; MICHAEL CORONA; MICHAEL CARRONE,

Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 99-CV-2269-R -------------------- April 11, 2001

Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.

PER CURIAM:*

Milton Jackson, Louisiana prisoner # 399323, appeals the

district court’s dismissal of his

42 U.S.C. § 1983

complaint.

The district court concluded that Jackson was barred from

bringing his claims by Heck v. Humphrey,

512 U.S. 477

(1994), and

its progeny, because Jackson had not shown that his conviction

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-30990 -2-

had been invalidated or called into question. The district court

also concluded the complaint should be dismissed because two

defendants were entitled to absolute witness immunity and one

defendant was a nonstate actor not alleged to have engaged in a

conspiracy with state actors.

Jackson has not addressed or responded to the reasons for

judgment stated by the district court in its dismissal of his

complaint. He thus has failed to brief these issues, and they

are waived. See Yohey v. Collins,

985 F.2d 222

(5th Cir. 1993);

Fed. R. App. P. 28(a)(9). Because he has waived the only

appropriate issues on appeal, his appeal is dismissed as

frivolous. See Howard v. King,

707 F.2d 215, 219-20

(5th Cir.

1983); 5th Cir. R. 42.2.

APPEAL DISMISSED AS FRIVOLOUS; 5TH CIR. R. 42.2.

Reference

Status
Unpublished