Summary Calendar JULES DUPERON v. DARRYL MIZELL, Lieutenant

* 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should not be published and is not precedent except under the limited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.
CORRECTED
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-30146
Summary Calendar
JULES DUPERON
Plaintiff-Appellant
v.
DARRYL MIZELL, Lieutenant; DAVID EDWARDS, Sergeant; JOSHUA MILEY,
Sergeant; SERGEANT RONNIE SPEARS
Defendants-Appellees
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:06-CV-3325
Before WIENER, GARZA, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Jules Duperon appeals the dismissal of his 42 U.S.C. § 1983 suit alleging
that several correctional officers at Washington Correctional Institute violated
his civil rights by beating him. Specifically, he argues that the magistrate judge
erred in dismissing his suit for failure to prosecute. The Government counters
United States Court of Appeals
Fifth Circuit
F I L E D
February 14, 2008
Charles R. Fulbruge III
Clerk

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No. 07-30146
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that we need not consider whether the dismissal for failure to prosecute was
proper because Duperon has failed to challenge the dismissal on the independent
ground that he failed to state a claim upon which relief may be granted.
Because Duperon has failed to make an argument pursuant to FED. R. APP.
P. 28(a)(9)(A) challenging the dismissal of his suit for failure to state a claim, he
is deemed to have abandoned the issue. See Royal Ins. Co. of Amer. v. Caliber
One Indem. Co., 465 F.3d 614, 621 n.34 (5th Cir. 2006); Geiger v. Jowers, 404
F.3d 371, 373 n.6 (5th Cir. 2005).
AFFIRMED.

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