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Profit v. Ouachita Parish

United States Court of Appeals, Fifth Circuit
Feb 11, 2011
411 F. App'x 708 (5th Cir. 2011)

Summary

noting with approval that district court had stayed a civil case attacking the legality of a detainee's arrest, prosecution, and detention pending the resolution of criminal charges

Summary of this case from Wilson v. Dall. Police Dep't

Opinion

No. 10-30506 Summary Calendar.

February 11, 2011.

Anthony Profit, Monroe, LA, pro se.

Appeals from the United States District Court for the Western District of Louisiana, USDC No. 3:09-CV-1838.

Before WIENER, PRADO, and OWEN, Circuit Judges.


Anthony Profit, a pretrial detainee, moves this court for leave to proceed in forma pauperis (IFP) in his appeal from the district court's stay of his civil complaint against Ouachita Parish. The district court ordered that Profit's civil rights suit be stayed until the alleged improper state criminal prosecution was concluded because Profit's civil rights claims attacked the legality of a detainee's arrest, prosecution, and detention.

The district court may deny a motion for leave to appeal IFP by certifying that the appeal is not taken in good faith and by providing written reasons for the certification. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997); FED. R.APP. P. 24(a). This court's inquiry into whether the appeal is taken in good faith "is limited to whether the appeal involves legal points arguable on their merits (and therefore not frivolous)." Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983) (internal quotation marks and citation omitted). If a prisoner opts to challenge the district court's certification decision, the prisoner may file a motion in the court of appeals for leave to proceed IFP, which "must be directed solely to the trial court's reasons for the certification decision." See Baugh, 117 F.3d at 202. This court, however, may dismiss the appeal as frivolous when it is apparent that an appeal would be meritless. Id. at 202 n. 24.

In his brief, Profit sets forth legal concepts but fails to brief any argument regarding the district court's certification decision or, in particular, the district court's decision to stay his suit. Although we liberally construe pro se briefs, see Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (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). By failing to discuss the district court's rationale for staying his complaint, Profit has abandoned the issue, and it is the same as if he had not appealed the judgment. See Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987).

Furthermore, notwithstanding Profit's failure to brief, the district court correctly stayed the proceedings in this civil action pending the resolution of the criminal charges against Profit. See Wallace v. Kato, 549 U.S. 384, 393-94, 127 S.Ct. 1091, 166 L.Ed.2d 973 (2007); Heck v. Humphrey, 512 U.S. 477, 486-87, 487 n. 8, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994); Mackey v. Dickson, 47 F.3d 744, 746 (5th Cir. 1995). Thus, Profit has failed to demonstrate that he will raise a nonfrivolous issue on appeal, and this appeal is without arguable merit. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983).

IFP DENIED; APPEAL DISMISSED AS FRIVOLOUS.


Summaries of

Profit v. Ouachita Parish

United States Court of Appeals, Fifth Circuit
Feb 11, 2011
411 F. App'x 708 (5th Cir. 2011)

noting with approval that district court had stayed a civil case attacking the legality of a detainee's arrest, prosecution, and detention pending the resolution of criminal charges

Summary of this case from Wilson v. Dall. Police Dep't

noting with approval that the district court had stayed a civil case attacking the legality of a detainee's arrest, prosecution, and detention pending the resolution of the criminal charges

Summary of this case from Blakely v. Andrade

noting with approval that the district court has stayed a civil rights case attacking the legality of a detainee's arrest, prosecution, and detention pending the resolution of the criminal charges

Summary of this case from Adger v. Fitzsimmons

noting with approval that the district court had stayed a civil case attacking the legality of a detainee's arrest, prosecution, and detention pending the resolution of the criminal charges

Summary of this case from Hunter v. Watkins

noting with approval that the district court had stayed a civil case attacking the legality of a detainee's arrest, prosecution, and detention pending the resolution of the criminal charges

Summary of this case from Schwarzkopf v. McCoy
Case details for

Profit v. Ouachita Parish

Case Details

Full title:Anthony PROFIT, Plaintiff-Appellant v. OUACHITA PARISH, Defendant- Appellee

Court:United States Court of Appeals, Fifth Circuit

Date published: Feb 11, 2011

Citations

411 F. App'x 708 (5th Cir. 2011)

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