Sylve v. St Tammany Parish, et al

Filing 920060927

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT September 27, 2006 Charles R. Fulbruge III Clerk No. 05-30882 Summary Calendar JERRY LEVON SYLVE, JR., Plaintiff-Appellant, versus ST. TAMMANY PARISH; WALTER REED, District Attorney; DAVID WEILBAUCHER, Deputy District Attorney; UNIDENTIFIED PARTIES, Defendants-Appellees. -------------------Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:05-CV-116 -------------------Before REAVLEY, GARZA AND BENAVIDES, Circuit Judges. PER CURIAM:* Jerry Levon Sylve, Jr., California prisoner # V16892, appeals the dismissal of his 42 U.S.C. § 1983 complaint. The

district court held in pertinent part that Sylve's claims were barred by the statute of limitations. Sylve has failed to brief See Yohey v.

this issue and therefore has waived its review.

Collins, 985 F.2d 222, 224-25 (5th Cir. 1993); Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). Sylve has shown no error in the district court's denial

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-30882 -2of his motions for injunctive relief and for service of subpoena duces tecum. Sylve's appeal is without arguable merit and is therefore dismissed as frivolous. See Howard v. King, 707 F.2d 215, 219-20 The dismissal of his appeal

(5th Cir. 1983); 5th Cir. R. 42.2.

as frivolous and the district court's dismissal of his complaint as frivolous and for failure to state a claim constitute two strikes for the purposes of 28 U.S.C. § 1915(g). Hammons, 103 F.3d 383, 387-88 (5th Cir. 1996). See Adepegba v. Sylve is

cautioned that if he obtains three strikes, he will not be able to proceed in forma pauperis in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. APPEAL DISMISSED; SANCTION WARNING ISSUED. See § 1915(g).