### IN THE UNI TED STATES COURT OFAPPEALS FOR THE FIF TH CIRCU IT

No. 11-30172 Summary Calendar

MERVIN SPENCER, Plaintiff - Appellant

v. ST. JOHN THE BAPTIST PARISH; WAYNE L. JONES; UNIDENTIFIED PARTI E S ; DALE PICKETT; WALTER CHAPELLE; ROBERT BECNEL; BARRY LANDRY; RICHARD B. S T R I C K S; EDWIN D. HAWKINS; J. STERLING SNOWDY, Defendants - Appellees

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:10-CV-2831

Before GARZA, SOUTHWICK and HAYNES, Circuit Judges. PER CURIAM: * Mervin Spencer, federal prisoner # 28914-034, moves this court for leave to proceed in forma pauperis (IFP) in hi s a ppeal from the district court’s dismissal of his complaint filed pursuant to 42 U.S.C. §§ 1983 and 1985. In his complaint, Spencer argued that Lo u isiana state officials violated his U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D Sep tem ber 1 3, 2 011 Lyle W . Cayce Clerk

Purs uant to 5 T H C IR

. R. 47.5 , the cour t hasd ete rm inedthat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t forth in 5 T H C IR

. R. 47.5 .4. Case: 11-30172 Document: 00511600788 Page: 1 Date Filed: 09/13/2011No. 11-30172

constitutional rights when they did not return his personal property or provide him just compensation for his personal property. 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 certificatio n . Se e Baugh v. Taylor , 117 F.3d 197, 202 (5th Cir. 1997); F E D
. R. AP P
. P. 24(a). If a prisoner opts to challenge the district court’s certification decision, the p ri s o n e r 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.” Se e 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; 5 T H C I R
. R. 42.2. The district court adopted the findings and conclusions of the magistrate judge and di s m issed Spencer’s complaint as frivolous. Thus, we review the dismissal for abuse of discretion. Berry v. Bra d y , 1 9 2 F

. 3 d 504, 507 (5th Cir. 1999). Spencer’s complaint was dismissed after a determination that his claims

were prescribed. Spencer fai l s t o a d dress or challenge the reasoning for dismissing his complaint – his claims were time barred. Although pro se briefs

are afforded liberal construction, Haines v. Kern e r , 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). By failing to bri ef an argument challenging the basis of the district court’s dismissal of his complaint, Spencer has waived any such challenge on appeal. See id. ; Brinkmann v. Dallas County Deputy Sheriff Abner , 813 F.2d 744, 748 (5th Cir. 1987) (stating that failure to identify any error in the district court’s analysis is the same as if the appellant had not appealed the judgment). Moreover, Spencer has not demonstrated that the district court’s dismissal of his complaint a s f riv o l o us was an abuse of discretion.

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Spencer is cautioned that the dismissal of his suit by the district court and the dismissal of his appeal count as strikes pursuant to 28 U.S.C. § 1915(g). See Adepegba v. Hammo n s , 1 0 3 F.3d 383, 385-87 (5th Cir. 1996). He is further cautioned that if he accumul a t e s th r e e strikes under § 1915(g), he will not be able to proceed 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. See§ 1915(g). MOTION DENIED; APPEAL DISMISSED AS FRIVOLOUS; SANCTION WARNING ISSUED.

3 Case: 11-30172 Document: 00511600788 Page: 3 Date Filed: 09/13/2011