U.S. Court of Appeals for the Fifth Circuit, 2024

Morningstar v. St. Dominic-Jackson

Morningstar v. St. Dominic-Jackson
U.S. Court of Appeals for the Fifth Circuit · Decided January 30, 2024

Morningstar v. St. Dominic-Jackson

Opinion

Case: 23-60369 Document: 00517050287 Page: 1 Date Filed: 01/30/2024

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED January 30, 2024 No. 23-60369 Lyle W. Cayce Summary Calendar Clerk ____________ Akecheta Morningstar, PH.D, Plaintiff—Appellant, versus St. Dominic-Jackson Memorial Hospital; Dr. Sagar Patel; Global Medical Response, Defendants—Appellees. ______________________________ Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:22-CV-410 ______________________________ Before Jones, Higginson, and Ho, Circuit Judges.

Per Curiam:* Akecheta Morningstar, PH.D., seeks leave to proceed in forma pauperis (IFP) on appeal. He argues that the district court erred in dismissing his complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), and in denying his motion for leave to amend his complaint. Because Morningstar has not demonstrated that he will raise a _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-60369 Document: 00517050287 Page: 2 Date Filed: 01/30/2024

No. 23-60369

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 void the district court’s order dismissing his complaint and to recuse certain judges of this court are DENIED.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.