Handy vs. Johnson (5th Cir. 1998)

Federal Circuits, 5th Cir. (February 19, 1998)

Docket number: 97-20663

Permanent Link: http://vlex.com/vid/handy-vs-johnson-19995199
Id. vLex: VLEX-19995199

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U.S. Court of Appeals for the 5th Cir. - Clinton C. Howard, Jr., and Michael Chapman and Kenneth Robinson, Plaintiffs-Appellants, v. John T. King, Secretary, Department of Corrections, and Ross Maggio, Jr., Warden, Louisiana State Penitentiary, Defendants-Appellees., 707 F.2d 215 (5th Cir. 1983)

U.S. Court of Appeals for the 5th Cir. - Reginald R. Brinkmann, Jr., Plaintiff-Appellant, v. Dallas County Deputy Sheriff Abner, Et Al., Defendants-Appellees. Nos. 86-1326, 86-1458. Summary Calendar., 813 F.2d 744 (5th Cir. 1987)

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Text:

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Nos. 97-20571, 97-20703, 97-20663, 97-20822

Conference Calendar

CHRISTOPHER KEITH HANDY,

Petitioner-Appellant,

versus

GARY L. JOHNSON, Director,

Texas Department of Criminal Justice,

Institutional Division,

Respondent-Appellee.

Appeals from the United States District Court

for the Southern District of Texas

USDC No. H-96-CV-4499

February 17, 1998

Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges.

PER CURIAM:* Christopher Keith Handy, Texas prisoner #774008, has filed five briefs that violate the rules regarding supplemental briefing. FED. R. APP. P. 28(j). These briefs are STRICKEN. Handy moves this court for a certificate of appealability ("COA") following the district court's dismissal of his federal habeas petition for failure to exhaust state remedies--appeals numbered Nos. 97-20571, 97-20703, 97-20663, 97-20822 97-20571, 97-20663, and 97-20703. Handy has abandoned the appeals regarding the dismissal for failure to exhaust by failing to brief the issue. Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). COA is DENIED.

Handy has also appealed from the district court denial of his motion for the return of his habeas filings (appeals numbered 97-20822, 97-20703 and 97-20663) and the district court's denial of a certificate of appealability (appeal number 97-20663 only).

We CONSOLIDATE the other appeals with 97-20571 and 97-20703, which were consolidated on Handy's motion; all of the appeals are without arguable merit and thus frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Because the appeals are frivolous, they are DISMISSED. See 5TH CIR. R. 42.2.

Handy is cautioned that any additional frivolous appeals filed by him or on his behalf will invite the imposition of sanctions. To avoid sanctions, Handy should review any pending appeals to ensure that they do not raise arguments that are frivolous.

BRIEFS STRICKEN; COA DENIED; APPEALS CONSOLIDATED AND DISMISSED; SANCTION WARNING ISSUED.

* 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.