Otis Hall v. Laurie Briser ( 2020 )


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  • Case: 19-31041      Document: 00515614518         Page: 1    Date Filed: 10/23/2020
    United States Court of Appeals
    for the Fifth Circuit                        United States Court of Appeals
    Fifth Circuit
    FILED
    October 23, 2020
    No. 19-31041                    Lyle W. Cayce
    Summary Calendar                       Clerk
    Otis Hall,
    Plaintiff—Appellant,
    versus
    Laurie Reis Briser; Chris Cagnolatti; Madison Parish
    Detention Center; Department of Corrections,
    Defendants—Appellees.
    Appeal from the United States District Court
    for the Western District of Louisiana
    USDC No. 3:19-CV-1181
    Before Jolly, Elrod, and Graves, Circuit Judges.
    Per Curiam:*
    Otis Hall appeals the dismissal of his civil rights complaint under 28
    U.S.C. § 1915(e)(2)(B) as frivolous, for failure to state a claim upon which
    relief may be granted, on the basis of judicial immunity, and as barred by Heck
    *
    Pursuant to 5th Circuit Rule 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    opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
    Case: 19-31041      Document: 00515614518            Page: 2    Date Filed: 10/23/2020
    No. 19-31041
    v. Humphrey, 
    512 U.S. 477
    (1994). Construed liberally, Hall’s brief does
    nothing more than reiterate his claims against three of the four defendants
    without addressing the basis for the district court’s denial of his claims
    against these entities or discussing his claims against the fourth defendant,
    the Department of Corrections, at all.
    Although pro se briefs are liberally construed, see Haines v. Kerner, 
    404 U.S. 519
    , 520 (1972), even pro se litigants must brief arguments in order to
    preserve them, Yohey v. Collins, 
    985 F.2d 222
    , 224-25 (5th Cir. 1993). Hall’s
    failure to address the district court’s basis for denial as to his claims “without
    even the slightest identification of any error in [the court’s] legal analysis or
    its application to [his] suit . . . is the same as if he had not appealed that
    judgment.” Brinkmann v. Dallas Cnty. Deputy Sheriff Abner, 
    813 F.2d 744
    ,
    748 (5th Cir. 1987).
    AFFIRMED; motion for extraordinary relief DENIED.
    2