Mann v. Smith , 110 F. App'x 466 ( 2004 )


Menu:
  •                                                        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. § 1983
     lawsuit 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. § 1983
     and under 
    28 U.S.C. § 1332
     as
    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    this opinion should not be published and is not precedent except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Precedential Status: Non-Precedential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