Handy v. Johnson ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Nos. 97-20571, 97-20703, 97-20663, 97-20822
Conference Calendar
CHRISTOPHER KEITH HANDY,
Petitioner-Appellant,
versus
GARY L. JOHNSON, Director,
Texas Department of Criminal Justice,
Institutional Division,
Respondent-Appellee.
- - - - - - - - - -
Appeals from the United States District Court
for the Southern District of Texas
USDC No. H-96-CV-4499
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February 17, 1998
Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges.
PER CURIAM:*
Christopher Keith Handy, Texas prisoner #774008, has filed
five briefs that violate the rules regarding supplemental
briefing. FED. R. APP. P. 28(j). These briefs are STRICKEN.
Handy moves this court for a certificate of appealability ("COA")
following the district court's dismissal of his federal habeas
petition for failure to exhaust state remedies--appeals numbered
*
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that this opinion should not be published and is not precedent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.
Nos. 97-20571, 97-20703, 97-20663, 97-20822
- 2 -
97-20571, 97-20663, and 97-20703. Handy has abandoned the
appeals regarding the dismissal for failure to exhaust by failing
to brief the issue. Brinkmann v. Dallas County Deputy Sheriff
Abner, 813 F.2d 744, 748 (5th Cir. 1987). COA is DENIED.
Handy has also appealed from the district court denial of
his motion for the return of his habeas filings (appeals numbered
97-20822, 97-20703 and 97-20663) and the district court's denial
of a certificate of appealability (appeal number 97-20663 only).
We CONSOLIDATE the other appeals with 97-20571 and 97-20703,
which were consolidated on Handy's motion; all of the appeals are
without arguable merit and thus frivolous. See Howard v. King,
707 F.2d 215, 219-20 (5th Cir. 1983). Because the appeals are
frivolous, they are DISMISSED. See 5TH CIR. R. 42.2.
Handy is cautioned that any additional frivolous appeals
filed by him or on his behalf will invite the imposition of
sanctions. To avoid sanctions, Handy should review any pending
appeals to ensure that they do not raise arguments that are
frivolous.
BRIEFS STRICKEN; COA DENIED; APPEALS CONSOLIDATED AND
DISMISSED; SANCTION WARNING ISSUED.