Ronnie Hack v. Corrections Corp of America, et al

Filing 920091111

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 09-30567 Summary Calendar November 11, 2009 Charles R. Fulbruge III Clerk

RONNIE HACK, Plaintiff-Appellant v. CORRECTIONS CORPORATION OF AMERICA OF TENNESSEE LLC; WINN CORRECTIONAL CENTER; TIM WILKINSON; CORRECTIONAL OFFICER HARRIS; B JOHNSON; MS KENNEDY; LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS; JAMES LEBLANC; ELAYN HUNT CORRECTIONAL CENTER; GLADNEY; MIKE CAZE, Warden, West Baton Rouge Work Release, Defendants-Appellees

Appeal from the United States District Court for the Western District of Louisiana USDC No. 1:09-CV-413

Before GARZA, CLEMENT, and OWEN, Circuit Judges. PER CURIAM:* Ronnie Hack, Louisiana prisoner # 180188 moves this court for leave to proceed in forma pauperis (IFP) in this appeal from the district court's dismissal as frivolous of his pro se civil rights complaint under 42 U.S.C. § 1983. The

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 09-30567 district court dismissed the suit because Hack failed to allege any legal or factual basis to support a claim of a constitutional deprivation related to his exclusion from the work release program and subsequent placement in administrative segregation. The district court denied Hack leave to proceed IFP on appeal because the appeal was not brought in good faith. In his IFP motion, Hack does not address the district court's reasons for dismissing the complaint and denying him leave to proceed IFP on appeal. Although we liberally construe pro se briefs, see Haines v. Kerner, 404 U.S. 519, 520 (1972), even pro se litigants must brief arguments in order to preserve them. Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993). By failing to discuss any of the district court's findings for dismissing his complaint and denying him leave to proceed IFP on appeal, Hack has abandoned all issues related to those findings. See Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). Because Hack has failed to demonstrate that he will raise a nonfrivolous issue on appeal, his motion to proceed IFP is denied. See F ED. R. A PP. P. 24(a); Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982). This appeal is without merit and is dismissed as frivolous. (5th Cir. 1983); 5 TH C IR. R. 42.2. IFP DENIED; APPEAL DISMISSED. See Howard v. King, 707 F.2d 215, 219-20

2