Conference Calendar WILLIE LEE JOHNSON v. Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Correctional…

* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 08-10260
Conference Calendar
WILLIE LEE JOHNSON
Plaintiff-Appellant
v.
NATHANIEL QUARTERMAN, DIRECTOR, TEXAS DEPARTMENT OF
CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION;
CHRISTINA MELTON CRAIN, Chairman, Texas Department of Criminal
Justice Division; BRAD LIVINGSTON, Executive Director, Texas Department
of Criminal Justice; KIM VERNON, State Counsel of Offenders, Texas
Department of Criminal Justice; MELINDA BOZARTH, as General Counsel
Defendants-Appellees
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:07-CV-225
Before DAVIS, WIENER, and PRADO, Circuit Judges.
PER CURIAM:*
Proceeding pro se and in forma pauperis, Willie Lee Johnson, a former
Texas prisoner, filed a 42 U.S.C. § 1983 complaint for damages against
numerous defendants involved in his 1996 Texas state conviction for driving
United States Court of Appeals
Fifth Circuit
F I L E D
December 10, 2008
Charles R. Fulbruge III
Clerk

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No. 08-10260
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while intoxicated. The district court dismissed the complaint as barred by Heck
v. Humphrey, 512 U.S. 477 (1994), and as repetitive and malicious. Johnson
does not challenge the district court’s conclusion that his claims were barred by
Heck or were repetitive and malicious.
By failing to brief any argument challenging the district court’s reasons
for dismissal, Johnson 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 and is frivolous. See Howard v. King, 707 F.2d 215,
219-20 (5th Cir. 1983). Because the appeal is frivolous, it is dismissed. See 5TH
CIR. R. 42.2. Johnson is warned that future frivolous filings will invite the
imposition of sanctions.
APPEAL DISMISSED; SANCTION WARNING ISSUED.

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