Moore v. Moore ( 2023 )

Case: 22-60653 Document: 00516638749 Page: 1 Date Filed: 02/08/2023
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
No. 22-60653 February 8, 2023
Summary Calendar
Lyle W. Cayce
Clerk
Surf Moore,
Plaintiff—Appellant,
versus
Stanley Moore,
Defendant—Appellee.
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:22-CV-628
Before Davis, Smith, and Douglas, Circuit Judges.
Per Curiam:*
Surf Moore appeals the district court’s judgment dismissing his action
pursuant to 28 U.S.C. § 1915(e)(2)(B). This statute authorizes dismissal of
an action brought by a plaintiff proceeding in forma pauperis when that action
is frivolous or malicious, fails to state a claim on which relief may be granted,
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-60653 Document: 00516638749 Page: 2 Date Filed: 02/08/2023
No. 22-60653
or seeks monetary relief against a defendant who is immune from such relief.
§ 1915(e)(2)(B)(i)-(iii). We AFFIRM.
Plaintiff, Surf Moore, a resident of Jackson, Mississippi, sued
Defendant, Stanley Moore, a resident of Los Angeles, California, alleging
that Plaintiff’s mother died in March 2018 leaving a truck. Plaintiff contends
that he is entitled to inherit the truck and that Defendant refuses to sign an
affidavit necessary for changing registration to the truck. Plaintiff seeks a
temporary restraining order requiring Defendant to sign the affidavit.
Plaintiff alleges, in conclusory fashion, that Defendant has violated
Plaintiff’s constitutional rights under the Thirteenth Amendment.
However, he alleges no facts to support that claim or any other claim. For
this reason and those stated in the district court’s November 29, 2022, order,
we AFFIRM the district court’s dismissal without prejudice for failure to
state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii).
AFFIRMED.
2