Simmons v. Jackson ( 2022 )

Case: 21-30141 Document: 00516354393 Page: 1 Date Filed: 06/13/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 13, 2022
No. 21-30141 Lyle W. Cayce
Summary Calendar Clerk
Joseph Simmons, Jr.,
Plaintiff—Appellant,
versus
Cornel Jackson; Paul D. Connick, Jr.; Risk Management
Department, Jefferson Parish,
Defendants—Appellees.
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:20-CV-873
Before Smith, Oldham, and Wilson, Circuit Judges.
Per Curiam:*
Joseph Simmons, Jr. seeks leave to appeal in forma pauperis (IFP) the
dismissal of his civil action arising from a 2013 auto accident. Two prior state
court actions arising from the same accident were previously dismissed.
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 21-30141 Document: 00516354393 Page: 2 Date Filed: 06/13/2022
No. 21-30141
The district court dismissed Simmons’s instant claims under Federal
Rule of Civil Procedure 12(b)(6) and 28 U.S.C. § 1915(e)(2)(B). The court
correctly ruled that Simmons’s claim against Paul Connick, Jr. was based on
an inapplicable provision of the Louisiana Constitution and thus frivolous,
that “Risk Management Department” was not an entity capable of being
sued, and that Simmons otherwise failed to state a claim against Jackson,
Connick, and Jefferson Parish. Because Simmons fails to present any
nonfrivolous issue for appeal, his IFP motion is DENIED, and the appeal
is DISMISSED as frivolous. See 28 U.S.C. § 1915(e)(2)(B); Baugh v.
Taylor, 117 F.3d 197, 202 n.24 (5th Cir. 1997); 5th Cir. R. 42.2.
Simmons is WARNED that the future filing of frivolous actions or
appeals may result in sanctions, including monetary sanctions and limits on
his access to this court and any court subject to this court’s jurisdiction.
2