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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 21, 2004 Charles R. Fulbruge III Clerk No. 04-60345 Conference Calendar ELLIS MANN, Plaintiff-Appellant, versus LEON SMITH; MAXINE SMITH; JOHN DOES, Defendants-Appellees. -------------------- Appeal from the United States District Court for the Southern District of Mississippi USDC No. 1:04-CV-469-GuRo -------------------- Before JOLLY, JONES, and WIENER, Circuit Judges. PER CURIAM:* Ellis Mann appeals the dismissal for lack of subject matter jurisdiction of his
42 U.S.C. § 1983lawsuit seeking to have custody of his daughter restored to him. He argues that the dismissal was erroneous because the district court had jurisdiction under
42 U.S.C. § 1983and under
28 U.S.C. § 1332as he has recently moved to California. The district court lacked the authority to assume jurisdiction over Mann’s attempt to modify the terms of a state- * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 04-60345 -2- court child custody order. See Rykers v. Alford,
832 F.2d 895, 900 (5th Cir. 1987); see also Chrissy F. by Medley v. Miss. Dept. of Public Welfare,
995 F.2d 595, 599 (5th Cir. 1993). The appeal is without arguable merit and is DISMISSED as frivolous. See 5TH CIR. R. 42.2; Howard v. King,
707 F.2d 215, 219-20 (5th Cir. 1983). We caution Mann that the filing of frivolous appeals and motions will invite the imposition of a sanction. APPEAL DISMISSED; SANCTION WARNING ISSUED.
Document Info
Docket Number: 04-60345
Citation Numbers: 110 F. App'x 466
Judges: Jolly, Jones, Per Curiam, Wiener
Filed Date: 10/21/2004
Precedential Status: Non-Precedential
Modified Date: 8/2/2023