Handy v. Johnson ( 1998 )


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  •                  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
    *
    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    that this opinion should not be published and is not precedent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.
    Nos. 97-20571, 97-20703, 97-20663, 97-20822
    - 2 -
    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.
    

Document Info

Docket Number: 97-20703

Filed Date: 2/19/1998

Precedential Status: Non-Precedential

Modified Date: 4/18/2021