From Casetext: Smarter Legal Research

Frazier v. Wingo

United States Court of Appeals, Fifth Circuit.
Jul 2, 2013
717 F.3d 447 (5th Cir. 2013)

Opinion

No. 12–30300 Summary Calendar.

2013-07-2

William FRAZIER, Plaintiff–Appellant v. Tony WINGO; Unknown Correctional Officer(s), Defendants–Appellees.

William Frazier, Florence, CO, pro se. Jennifer Bailey Frederick, Assistant U.S. Attorney, U.S. Attorney's Office, Lafayette, LA, for Defendants–Appellees.


William Frazier, Florence, CO, pro se. Jennifer Bailey Frederick, Assistant U.S. Attorney, U.S. Attorney's Office, Lafayette, LA, for Defendants–Appellees.
Appeal from the United States District Court for the Western District of Louisiana, USDC No. 1:09–CV–1827.
Before SMITH, PRADO, and HIGGINSON, Circuit Judges.

PER CURIAM:

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

William Frazier, federal prisoner # 01073–748, filed a Federal Tort Claims Act (FTCA) claim against the United States and a Bivens action against Tony Wingo (Wingo) and other unknown officers employed by the Bureau of Prisons at the United States Penitentiary in Pollock, Louisiana. Frazier alleged that, when he was transferred to a Special Housing Unit, Wingo and the other officers confiscated his property and discarded it.

Bivens v. Six Unknown Named Agents, 403 U.S. 388, 395–97, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971).

The district court dismissed Frazier's FTCA claim against the United States for lack of jurisdiction and dismissed his Bivens action against Wingo and the other unknown officers on summary judgment. He now appeals. This court's review is de novo. Dillon v. Rogers, 596 F.3d 260, 266 (5th Cir.2010).

On appeal, Frazier fails to challenge the dismissal of his FTCA claim. By failing to identify any error regarding the dismissal of this claim, it is the same as if Frazier had not appealed this issue. See Yohey v. Collins, 985 F.2d 222, 224–25 (5th Cir.1993). Frazier has thus abandoned on appeal any arguments against the dismissal of this claim. Additionally, Frazier's brief fails to provide facts and argument challenging the district court's conclusion that he failed to exhaust his administrative remedies as to his claims set forth in his Bivens action. Even pro se litigants must brief arguments to preserve them. See Brinkmann v. Dallas Cnty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir.1987). Issues not briefed are considered abandoned; thus, these claims are also deemed abandoned. See id.

AFFIRMED.


Summaries of

Frazier v. Wingo

United States Court of Appeals, Fifth Circuit.
Jul 2, 2013
717 F.3d 447 (5th Cir. 2013)
Case details for

Frazier v. Wingo

Case Details

Full title:William FRAZIER, Plaintiff–Appellant v. Tony WINGO; Unknown Correctional…

Court:United States Court of Appeals, Fifth Circuit.

Date published: Jul 2, 2013

Citations

717 F.3d 447 (5th Cir. 2013)

Citing Cases

United States v. Ybarra

He has thus waived the issue. See Frazier v. Wingo, 717 F.3d 447, 448 (5th Cir. 2013). Regardless, the…

Jennings v. Hudspeth

Further, he has not briefed any error regarding the dismissal of the claim against Richards based on the…