* Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-60232

__________________

JAMES BERNARD LAWSON,

Plaintiff-Appellant,

versus

MICHAEL MOORE; STATE OF MISSISSIPPI;
CYNTHIA SPEETJENS; WILLIAM F. COLEMAN, Circuit Judge; THOMAS FORTNER, Attorney;

CITY OF CLINTON, MISSISSIPPI, Police Department,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Mississippi

USDC No. 3:94-CV-713

- - - - - - - - - - July 18, 1995

Before JOLLY, DAVIS and EMILIO M. GARZA, Circuit Judges.

PER CURIAM: *

James B. Lawson's motion for leave to proceed in forma

pauperis (IFP) is hereby DENIED.

A reviewing court will disturb a district court's dismissal of

a pauper's complaint as frivolous only on finding an abuse of

discretion. A district court may dismiss such a complaint asNo. 95-60232

-2-

frivolous "`where it lacks an arguable basis either in law or in

fact.'" D enton v. Hernandez

, 504 U.S. 25, 31, 33 (1992)(quoting

Neitzke v. Williams , 490 U.S. 319, 325 (1989)).

Lawson's claims that he was prosecuted maliciously implicate

the State, Attorney General Moore, Assist ant District Attorney

Speetjens, and perhaps Judge Coleman. First, judges are absolutely

immune from civil liability for their judicial activities unless

they act in the "`clear absence of all jurisdiction.' " Stump v.

Sparkman

, 435 U.S. 349, 3 56-57 (1978)(citations omitted). Judge

Coleman therefore was immune from Lawson's damages action.

Second, prosecutors are absolutely immune from damages actions

under 42 U.S.C. § 1983 for the performance of prosecutorial

functions. S lavin v. Curry

, 574 F.2d 1256, 1264 (5th Cir.),

modified in part

, 583 F.2d 779 (5th Cir. 19 78). Such functions

include the initiation of prosecution and presentation of evidence,

Imbler v. Pachtman , 424 U.S. 409, 431 (1976), and the collection,

e xamination, and interpretation of documents. C ook v. Houston

Post

, 616 F.2d 791, 793 (5th Cir. 1980). Moore and Speetjens

therefore were immune from Lawson's damages action.

Third, the Eleventh Amendment protects states from damages

actions. Edelman v. Jordan , 415 U.S. 651, 662-63 (1974).

Mississippi has not waived its sovereign immunity. M ISS

. C ODE A NN

.

§ 11-46-5(4)( supp. 1994). The State is immune from Lawson's

damages action.

Lawson contends that the defendants pressed forward with his

prosecution despite knowing of various constitutional violations by

police officers, but he does not allege how the City of Clinton wasNo. 95-60232

-3-

involved. He has waived any contentions against the City of

Clinton, which could have been liable only for th e police

misconduct Lawson alleges. By failing to brief his possible

appellate issues against the City, Lawson has abandoned those

issues. S ee Yohey v. Collins

, 985 F.2d 222, 224-25 (5th Cir.

1993).

L awson contends that the district court erred by dism issing

his claims pursuant to Heck v. Humphrey

, 114 S. Ct. 2 364 (1994).

The district court applied Heck only to Lawson' s claims against

Attorney Fortner. Lawson does not repeat his conspiracy contention

implicating Fortner. Fortner is not a state actor and could not

have violated § 1983 absent some involvement with the other

defendants. P olk County v. Dodson

, 454 U.S. 312, 325 (1981).

Because we may dispose of Lawson's claim against Fortner on the

basis that Fortner is not a state actor, we need not reach Lawson's

Heck contention.

Finally, Lawson is warned that he will be sanctioned if he

files frivolous appeals in the future. See Smith v. McCleod , 946

F.2d 417, 418 (5th Cir. 1991); Jackson v. Carpenter , 921 F.2d 68,

69 (5th Cir. 1991).

APPEAL DISMISSED.