Hubbard v. Johnson

U.S. Court of Appeals for the Fifth Circuit

Hubbard v. Johnson

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-60189 Conference Calendar

RUSSELLE L. HUBBARD,

Plaintiff-Appellant,

versus

NICKI JOHNSON; HAROLD MCCARLEY; CHARLES H. NEWELL; CITY OF RIDGELAND, MISSISSIPPI; FICTITIOUS DEFENDANTS, A, B, AND C,

Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:00-CV-530-LN -------------------- December 11, 2001 Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:*

Alabama attorney Russelle L. Hubbard appeals, pro se, the

district court’s summary-judgment dismissal of his civil rights

lawsuit. Hubbard’s appellate brief contains numerous legal

arguments concerning the propriety of the summary judgment, but

he has failed to provide this court with a single citation to the

record.

The Federal Rules of Appellate Procedure require the parties

to provide references to the page number of the record to support

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-60189 -2-

statements of fact. FED. R. APP. P. 28(a)(7) and (9)(A)(1998);

5TH CIR. R. 28.2.3. As Hubbard’s brief fails to cite the record,

he has not adequately briefed his challenge to the validity of

the district court’s grant of summary judgment, and we will not

consider his arguments. Grant v. Cuellar,

59 F.3d 523, 524

(5th

Cir. 1995); Yohey v. Collins,

985 F.2d 222, 225

(5th Cir. 1993).

The appeal is frivolous, and it is dismissed. Howard v. King,

707 F.2d 215, 219-20

(5th Cir. 1983); 5TH CIR. R. 42.2.

APPEAL DISMISSED.

Reference

Status
Unpublished