82 F. App'x 866
5th Cir.
2003

Juanita Perez HERNANDEZ; Daniel Montes, Jr., Plaintiffs-Appellants, v. Claire Louise Bourgoise GRUBBS, et al., Defendants-Appellees.

No. 03-30746

United States Court of Appeals, Fifth Circuit

Dec. 9, 2003

81 Fed. Appx. 866

Conference Calendar.

Juanita Perez Hernandez, pro se, Daniel Montes, Jr., pro se, San Marcos, TX, for Plaintiffs-Appellants.

Mitchell J. Hoffman, Marynell Lapuyade Piglia, Lowe, Stein, Hoffman, Allweiss & Hauver, New Orleans, LA, for Defendants-Appellees.

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

PER CURIAM*

Juanita Perez Hernandez and Daniel Montes, Jr. (collectively, Appellants), have appealed, pro se, the district court‘s summary-judgment dismissal of their civil rights lawsuit. The Appellants acknowledge that the district court correctly held that 42 U.S.C. § 1983 does not provide a jurisdictional basis for their claims, but they argue that they should have been given an opportunity to amend their complaint to state a valid cause of action. They further argue that the entry of summary judgment was error because of the existence of unidentified genuine issues of material fact relative to the validity of their claims.

Although this court applies less stringent standards to parties proceeding pro se than to litigants, pro se parties must still brief the issues and reasonably comply with the requirements of Fed. R. Civ. P. 28. Grant v. Cuellar, 59 F.3d 523, 524 (5th Cir.1995). The Federal Rules of Appellate Procedure require the parties to provide references to the page number of the record to support statements of fact. Fed. R.App.P. 28(a)(7) and (9)(A) (2002); 5th Cir. R. 28.2.3; Yohey v. Collins, 985 F.2d 222, 224 (5th Cir.1993). As the Appellants have failed to comply with these requirements, we do not consider their arguments. The appeal is frivolous, and it is dismissed. Howard v. King, 707 F.2d 215, 219-20 (5th Cir.1983); 5th Cir. R. 42.2.

APPEAL DISMISSED.

Roque T. ARANDA, Petitioner-Appellant, v. Thomas J. PRASIFKA; Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondents-Appellees.

No. 03-40506

United States Court of Appeals, Fifth Circuit

Dec. 9, 2003

81 Fed. Appx. 867

Conference Calendar.

Roque T. Aranda, pro se, Beeville, TX, for Petitioner-Appellant.

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

PER CURIAM*

Roque Tercero-Aranda, Texas prisoner # 805045, filed a federal habeas corpus petition pursuant to 28 U.S.C. §§ 2241 and 2254 in which he sought to challenge the Immigration and Naturalization Service‘s alleged custody of him pursuant to a final order of deportation and a detainer that was lodged against him. The district court dismissed Aranda‘s petition without prejudice because he had failed to comply with a preclusion order that required him to obtain judicial permission before filing any action. Because Aranda‘s petition was filed pursuant to 28 U.S.C. § 2241 and did not challenge a process arising out of a state court, he is not required to obtain a COA to proceed on appeal. See Ojo v. I.N.S., 106 F.3d 680, 681 (5th Cir.1997).

Aranda‘s assertion that the district court required him to inform the court about payment on any monetary sanctions imposed in civil litigation is not supported by the record. The district court properly found that Aranda had not complied with the preclusion order issued in Aranda v. Simpson, 4:00cv3253 (S.D.Tex. Oct. 13, 2000), and Aranda has not shown that such a preclusion order, as applied to a habeas proceeding, has blocked his access to the courts. See Lewis v. Casey, 518 U.S. 343, 355-56, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996).

AFFIRMED.

Notes

*
Pursuant to 5th Cir. R. 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 Cir. R. 47.5.4. Pursuant to 5th Cir. R. 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 Cir. R. 47.5.4.