Morningstar v. St. Dominic-Jackson
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.
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