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


UNPUBLISHED OPINION FILED.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

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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 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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. 2

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