Smith v. Lynch

Case: 25-10955 Document: 60-1 Page: 1 Date Filed: 09/11/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 25-10955 FILED September 11, 2026 Summary Calendar ____________ Lyle W. Cayce Clerk Scott Smith, Plaintiff—Appellant, versus FNU Lynch, Deputy, Hunt County; FNU Nafikov, Deputy, Hunt County; FNU Landrith, Sargent, Hunt County, Defendants—Appellees. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:25-CV-334 ______________________________ Before Jones, Ho, and Wilson, Circuit Judges.

Per Curiam: * Scott Smith, current Texas prisoner # 02585035, appeals the district court’s dismissal of his 42 U.S.C. § 1983 suit. The district court dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute or follow court orders.

Case: 25-10955 Document: 60-1 Page: 2 Date Filed: 09/11/2026

No. 25-10955

On appeal, Smith does not discuss the district court’s application of Rule 41(b) or otherwise address the reasons why his action was dismissed.

Though we review pro se briefs with the benefit of liberal construction, even pro se litigants must brief arguments to preserve them. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993); Brinkmann v. Dall. Cnty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). By not identifying an error in the disposition of his § 1983 suit, Smith has abandoned any claim related to that ruling. See Yohey, 985 F.2d at 224-25; Brinkmann, 813 F.2d at 748.

AFFIRMED.