Duperon v. Mizell, et al

Filing 920080215

Opinion

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CORRECTED IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 07-30146 Summary Calendar FILED February 14, 2008 Charles R. Fulbruge III Clerk JULES DUPERON Plaintiff-Appellant v. DARRYL MIZELL, Lieutenant; DAVID EDWARDS, Sergeant; JOSHUA MILEY, Sergeant; SERGEANT RONNIE SPEARS Defendants-Appellees Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:06-CV-3325 Before WIENER, GARZA, and BENAVIDES, Circuit Judges. PER CURIAM:* Jules Duperon appeals the dismissal of his 42 U.S.C. 1983 suit alleging that several correctional officers at Washington Correctional Institute violated his civil rights by beating him. Specifically, he argues that the magistrate judge erred in dismissing his suit for failure to prosecute. The Government counters 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-30146 that we need not consider whether the dismissal for failure to prosecute was proper because Duperon has failed to challenge the dismissal on the independent ground that he failed to state a claim upon which relief may be granted. Because Duperon has failed to make an argument pursuant to FED. R. APP. P. 28(a)(9)(A) challenging the dismissal of his suit for failure to state a claim, he is deemed to have abandoned the issue. See Royal Ins. Co. of Amer. v. Caliber One Indem. Co., 465 F.3d 614, 621 n.34 (5th Cir. 2006); Geiger v. Jowers, 404 F.3d 371, 373 n.6 (5th Cir. 2005). AFFIRMED. 2

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