Jerry Levon SYLVE, Jr., Plaintiff-Appellant, v. ST. TAMMANY PARISH; Walter Reed, District Attorney; David Weilbaucher, Deputy District Attorney; Unidentified Parties, Defendants-Appellees, 201 F. App'x 231

PER CURIAM: Jerry Levon Sylve, Jr., California prisoner # V16892, appeals the dismissal of his 42 U.S.C. § 1983 complaint. The district court held in pertinent part that Sylve’s claims were barred by the statute of limitations. Sylve has failed to brief this issue and therefore has waived its review. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.1993); Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir.1987). Sylve has shown np error in the district court’s denial of his motions for injunctive relief and for service of subpoena duces tecum.

Sylve’s appeal is without arguable merit and is therefore dismissed as frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.1983); 5th Cir. R. 42.2. The dismissal of his appeal as frivolous and the district court’s dismissal of his complaint as frivolous and for failure to state a claim constitute two strikes for the purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 387-88 (5th Cir. 1996).

Sylve is cautioned that if he obtains three strikes, 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). APPEAL DISMISSED; SANCTION WARNING ISSUED. Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.