CARR v. GONZALEZ UTMB ISS (2020)

Raymond E. Carr appeals the district court's dismissal without prejudice of Carr v. Gonzalez, No. 4:19-CV-1754, as barred by the 28 U.S.C. § 1915(g) bar. See § 1915(g). He also appeals the district court's denial of his motion to reopen or amend the dismissal with prejudice of Carr v. Civil Rights Project, No. 4:18-CV-3551, for want of prosecution. However, he has abandoned, by failing to brief, the only cognizable issues on appeal. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993); Brinkmann v. Dallas Cnty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). The judgments of the district court are therefore AFFIRMED.

Carr's motions to supplement the record reference events that post-date the filing of these appeals. As those facts cannot be considered for the first time on appeal, those motions are DENIED. See Theriot v. Parish of Jefferson, 185 F.3d 477, 491 n.26 (5th Cir. 1999); Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999). Because Carr has not shown that he is entitled to injunctive relief from this court in the first instance, his motions for preliminary and permanent injunctions are also DENIED. See Byrum v. Landreth, 566 F.3d 442, 445 (5th Cir. 2009); Amoco Prod. Co. v. Village of Gambell, 480 U.S. 531, 546 n.12, 107 S.Ct. 1396, 94 L.Ed.2d 542 (1987); Greene v. Fair, 314 F.2d 200, 202 (5th Cir. 1963).

Carr is REMINDED that, because he has accumulated at least three strikes under § 1915(g), he is barred from proceeding in forma pauperis in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. He is also WARNED that, regardless of the § 1915(g) bar, any frivolous, repetitive, or otherwise abusive filings that he files will invite the imposition of additional sanctions, which may include dismissal, monetary sanctions, and restrictions on his ability to file pleadings in this court and any court subject to this court's jurisdiction.

AFFIRMED; MOTIONS DENIED; REMINDED OF THREE STRIKES BAR; ADDITIONAL SANCTION WARNING ISSUED.

FOOTNOTES

FOOTNOTE.  

Per Curiam:* FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.