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-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.