White v. Dretke, et al

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
October 24, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-41154
Conference Calendar
GLENDON M. WHITE,
Plaintiff-Appellant,
versus
DOUG DRETKE, DIRECTOR, TEXAS DEPARTMENT OF
CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION;
WAL-MART CORPORATION; LOLITA RAMAS, County Clerk,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:05-CV-162
--------------------
Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Glendon M. White, Texas prisoner # 771933, appeals the
district court’s dismissal of his 42 U.S.C. § 1983 action for
want of prosecution. Although he renews the allegations of his
complaint, White does not challenge the district court’s
conclusion that he failed to comply with the court’s order to pay
the initial filing fee and thereby abandoned prosecution of his
complaint. By failing to brief any argument challenging the

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No. 05-41154
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district court’s reason for dismissal, White has abandoned the
only grounds for appeal. See Yohey v. Collins, 985 F.2d 222,
224-25 (5th Cir. 1993); Brinkmann v. Dallas County Deputy Sheriff
Abner, 813 F.2d 744, 748 (5th Cir. 1987). The appeal is wholly
without arguable merit, is frivolous, and is therefore dismissed.
See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983); 5TH CIR.
R. 42.2.
The dismissal of White’s appeal counts as a strike for
purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons,
103 F.3d 383, 387-88 (5th Cir. 1996). White is cautioned that if
he accumulates three strikes under § 1915(g), he will no longer
be allowed to proceed in forma pauperis in any civil action or
appeal filed while he is incarcerated or detained in any facility
unless he is under imminent danger of serious physical injury.
See § 1915(g).
APPEAL DISMISSED; SANCTION WARNING ISSUED.

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