IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-40463 Summary Calendar

DONALD MOODY,

Petitioner-Appellant,

versus

GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION,

Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:02-CV-10 -------------------- February 5, 2003

Before JONES, STEWART and DENNIS, Circuit Judges.

PER CURIAM:*

Donald Moody, Texas prisoner # 677242, appeals the

district court’s denial of his

petition for writ

of error coram nobis, challenging his 1993 conviction for two

counts of attempted murder. Although Moody contends that the

district court erred in failing to consider the merits of his

petition, he briefs no argument challenging the reasons for the

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-40463 -2-

district court’s denial, and he has thus waived the sole ground for

appeal. See Yohey v. Collins,

(5th Cir.

1993). Even if the argument has not been waived, Moody cannot show

any error in the district court’s judgment because, as the district

court determined, he remains in custody on the challenged

conviction, rendering him ineligible for coram nobis relief. See

Jimenez v. Trominski,

(5th Cir. 1996).

Moody’s appeal is wholly without arguable merit, is

frivolous, and is therefore DISMISSED. See 5TH CIR. 42.2; Howard v.

King,

(5th Cir. 1983). We CAUTION Moody that

any additional frivolous appeals filed by him will invite the

imposition of sanctions. To avoid sanctions, Moody is further

CAUTIONED to review pending appeals to ensure that they do not

raise arguments that are frivolous.

APPEAL DISMISSED; SANCTIONS WARNING ISSUED.