James Truman v. James LeBlanc, et al

Filing

UNPUBLISHED OPINION FILED. [16-30488 Dismissed as Frivolous] Judge: TMR , Judge: PRO , Judge: JWE Mandate pull date is 07/10/2017 [16-30488]

Case: 16-30488

Document: 00514038026

Page: 1

Date Filed: 06/19/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-30488
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
June 19, 2017
Lyle W. Cayce
Clerk

JAMES BERNARD TRUMAN,
Plaintiff-Appellant
v.

JAMES LEBLANC; NATHAN CAIN; ROBBIE BERUBE; LIEUTENANT
COLONEL VILLAMARETTE; TIMOTHY F. AVERILL; WAYNE MILLUS;
DOUG WELBORN; NICOLE ROBINSON; DEBRA A. RUTLEDGE; JANICE
G. CLARK,
Defendants-Appellees
Appeals from the United States District Court
for the Western District of Louisiana
USDC No. 1:15-CV-2055
Before REAVLEY, OWEN, and ELROD, Circuit Judges.
PER CURIAM: *
James Bernard Truman, Louisiana prisoner # 291926, appeals the
dismissal with prejudice of his 42 U.S.C. § 1983 claims relating to the Avoyelles
Parish Correctional Center for failure to state a claim pursuant to 28 U.S.C.
§ 1915A and the dismissal without prejudice of his claims relating to 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
*

Case: 16-30488

Document: 00514038026

Page: 2

Date Filed: 06/19/2017

No. 16-30488
Louisiana State Penitentiary at Angola and the 19th Judicial District Court
based on improper venue. Truman’s claims regarding retaliation, denial of due
process during his prison disciplinary proceeding, denial of his right of access
to the courts, and the district court’s venue determination were either not
briefed at all or not adequately briefed. Thus, they are deemed abandoned.
See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993); Brinkmann v. Dallas
Cty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987).
Truman has failed to show that his appeal involves “legal points
arguable on their merits (and therefore not frivolous).”

Howard v. King,

707 F.2d 215, 220 (5th Cir. 1983) (internal quotation marks and citations
omitted). His appeal is therefore dismissed as frivolous. See 5TH CIR. R. 42.2.

The dismissal of this appeal counts as a strike under 28 U.S.C. § 1915(g).
Adepegba v. Hammons, 103 F.3d 383, 387-88 (5th Cir. 1996).
APPEAL DISMISSED.

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