Mejia v. Rasberry ( 2000 )


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  •                IN THE UNITED STATES COURT OF APPEALS
                           FOR THE FIFTH CIRCUIT
    
    
    
                                No. 99-11065
                            Conference Calendar
    
    
    
    MOSES JOE MEJIA,
    
                                             Plaintiff-Appellant,
    
    versus
    
    RASPBERRY, Lieutenant; MEDICAL STAFF,
    Middleton Unit; NFN UNDERWOOD, Officer;
    JOHN DOE #1, Officer; JOHN DOE #2; NFN HARDEN,
    Officer; JOHN DOE, Transit Officer,
    
                                             Defendants-Appellees.
    
                          --------------------
              Appeal from the United States District Court
                   for the Northern District of Texas
                           USDC No. 1:99-CV-87
                          --------------------
                              June 15, 2000
    
    Before JOLLY, DAVIS, and DUHÉ, Circuit Judges.
    
    PER CURIAM:*
    
         Moses Joe Mejia, Texas prisoner # 792983, challenges the
    
    magistrate judge’s dismissal of his 42 U.S.C. § 1983 lawsuit.
    
    However, because Mejia has not filed a timely notice of appeal
    
    from the magistrate judge’s February 4, 2000, judgment, this
    
    court is without jurisdiction to consider his arguments.   See
    
    Mosley v. Cozby, 
    813 F.2d 659
    , 660 (5th Cir. 1987); Nelson v.
    
    Foti, 
    707 F.2d 170
    , 171 (5th Cir. 1983); Fed. R. App. P. 4(a)(1).
    
    
         *
            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    that this opinion should not be published and is not precedent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. 99-11065
                                    -2-
    
         Mejia did file a timely notice appeal from the magistrate
    
    judge’s denial of his motion for the appointment of counsel, and
    
    the notice of appeal seeks review of that order only.   However,
    
    he has failed to brief any argument regarding the denial of
    
    counsel, and the argument is therefore waived.   See Yohey v.
    
    Collins, 
    985 F.2d 222
    , 224-25 (5th Cir. 1993).   Because he has
    
    abandoned the sole ground for appeal, Mejia’s appeal is
    
    DISMISSED.   See Howard v. King, 
    707 F.2d 215
    , 219-20 (5th Cir.
    
    1983); 5TH CIR. R. 42.2.
    
         APPEAL DISMISSED.