Mayford Davis, Jr. v. Catherine Zellers, et al

Filing

UNPUBLISHED OPINION FILED. [15-11201 Affirmed ] Judge: RHB , Judge: JEG , Judge: GJC Mandate pull date is 05/18/2017 [15-11201]

Case: 15-11201

Document: 00513970472

Page: 1

Date Filed: 04/27/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-11201
Summary Calendar

United States Court of Appeals
Fif h Circuit

FILED
April 27, 2017
Lyle W. Cayce
Clerk

MAYFORD KENNETH DAVIS, JR.,
Plaintiff - Appellant
v.

CATHERINE ZELLERS; JESSICA RICHARD; JUSTIN HOLCOMB,
Defendants - Appellees
Appeals from the United States District Court
for the Northern District of Texas
USDC No. 4:15-CV-729
Before BARKSDALE, GRAVES, and COSTA, Circuit Judges.
PER CURIAM: *
Mayford Kenneth Davis, Jr., proceeding pro se, appeals the court’s
dismissal of his 42 U.S.C. § 1983 complaint as barred by Heck v. Humphrey,
512 U.S. 477, 486–87 (1994). His complaint seeks, inter alia, damages against
the prosecutor and two police-officer witnesses at the trial resulting in his
conviction, pursuant to Texas Penal Code § 42.01(a)(10), for indecency arising
out of an incident of nude sunbathing at a middle school.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5th Cir.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: 15-11201

Document: 00513970472

Page: 2

Date Filed: 04/27/2017

No. 15-11201
On appeal, however, Davis does not address Heck. Instead, he reasserts
the merits of his contentions without referencing any specific error by the
court. Although pro se briefs are liberally construed, even pro se litigants must
brief contentions in order to preserve them. Yohey v. Collins, 985 F.2d 222,
225 (5th Cir. 1993). Because Davis has not identified any error in the court’s
analysis and determinations, or even mentioned any possible appellate issues,
he has abandoned them. See Brinkmann v. Dallas Cty. Deputy Sheriff Abner,
813 F.2d 744, 748 (5th Cir. 1987).
AFFIRMED.

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