Morningstar v. American Intl Grp

Case: 23-60222 Document: 00516972810 Page: 1 Date Filed: 11/17/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 23-60222

FILED November 17, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk Akecheta A. Morningstar, PH.D.,

Plaintiff—Appellant, versus

American International Group,

Defendant—Appellee. ______________________________

Appeal from the United States District Court for the Northern District of Mississippi USDC No. 3:23-CV-26 ______________________________

Before Clement, Engelhardt, and Oldham, Circuit Judges.

Per Curiam: *

Akecheta A. Morningstar, Ph.D., seeks leave to proceed in forma pauperis (IFP) on appeal. He argues that he is financially eligible and that the district court erred in dismissing his complaint for failure to state a nonfrivolous claim and in denying his motion for leave to proceed IFP on appeal. Because Morningstar has not demonstrated that he will raise a Case: 23-60222 Document: 00516972810 Page: 2 Date Filed: 11/17/2023

No. 23-60222 nonfrivolous issue on appeal, his motion to proceed IFP is DENIED. See Fed. R. App. P. 24(a); Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997). Because the appeal is frivolous, it is DISMISSED. See Baugh, 117 F.3d at 202 n.24; 5th Cir. R. 42.2. Morningstar’s motions to vacate the district court’s order dismissing his complaint and to recuse certain judges of this court are DENIED.