Huey Granger v. William Slade, et al

Filing 920100322

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Case: 09-60646 Document: 00511057755 Page: 1 Date Filed: 03/22/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED March 22, 2010 No. 09-60646 Summary Calendar Charles R. Fulbruge III Clerk HUEY GRANGER, Plaintiff­Appellant v. WILLIAM BILL SLADE, Individually and In His Official Capacity as Chief of Police for the City of Pearl, MS; KEITH PETERSON, Individually and In His Official Capacity as Police Officer for the City of Pearl, MS; JEFF THAMES, Individually and in his official capacity as a police officer for the City of Pearl, MS; JACK B. BRENEMEN; THE CITY OF PEARL, Defendants­Appellees Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:02-CV-1309 Before GARZA, CLEMENT, and OWEN, Circuit Judges. PER CURIAM:* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. * Case: 09-60646 Document: 00511057755 Page: 2 Date Filed: 03/22/2010 No. 09-60646 Huey Granger appeals the jury verdict returned against him on August 27, 2009, in which the jury found that the settlement agreement he entered into with the City of Pearl and various police officers was enforceable against him. Granger's brief consists of one paragraph, without citation to the evidence presented at trial or to relevant authorities. Granger is proceeding pro se, and his pleadings are accordingly construed liberally. See United States v. Wilkes, 20 F.3d 651, 653 (5th Cir. 1994). Under the Federal Rules of Appellate Procedure, an appellant's brief must contain "appellant's contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies." See F ED. R. A PP. P. 28(a)(9)(A). Such contentions and citations are required so that the court can determine if there is "sufficient evidentiary foundation" to hold that the district court committed error. United States v. Delgado-Martinez, 564 F.3d 750, 752 (5th Cir. 2009) Even pro se appellants must reasonably comply with this requirement. See Grant v. Cuellar, 59 F.3d 523, 524 (5th Cir. 1995). Because Granger fails to properly argue or present issues in his appellate brief, we consider those issues to be abandoned. United States v. Beaumont, 972 F.2d 553, 563 (5th Cir. 1992); Price v. Digital Equip. Corp., 846 F.2d 1026, 1028 (5th Cir. 1988) ("[A]rguments must be briefed to be preserved."). Because Granger has abandoned all issues on appeal, his appeal is without arguable merit. See Newsome v. EEOC, 301 F.3d 227, 233 (5th Cir. 2002). AFFIRMED. 2

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