UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

____________________

No. 01-40698 Conference Calendar ____________________

RONALD B. FLEMING,

Petitioner-Appellant,

versus

ERNEST CHANDLER, Warden

Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:01-CV-279 -------------------- December 12, 2001 Before HIGGINGBOTHAM, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:*

Ronald Fleming, federal prisoner #14586-076, appeals the district court’s denial of his

petition.

Fleming’s failure to identify any error in the district court’s

legal analysis or its application to the facts of this case “is

the same as if he had not appealed that judgment.” Brinkmann v.

Dallas County Deputy Sheriff Abner,

(5th Cir.

1987). This court “will not raise and discuss legal issues that

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-40698 -2-

[Fleming] has failed to assert.”

The failure to address the

basis upon which the district court made its determination

renders Fleming’s appeal without merit and thus frivolous. See

Howard v. King,

(5th Cir. 1983). Because

the appeal is frivolous, it is dismissed. See 5TH CIR. R. 42.2.

APPEAL DISMISSED.