Patrick Mouton v. Michael Neustrom ( 2016 )

Case: 15-30473 Document: 00513433492 Page: 1 Date Filed: 03/22/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-30473
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
March 22, 2016
PATRICK DANIEL MOUTON,
Lyle W. Cayce
Clerk
Plaintiff-Appellant
v.
MICHAEL W. NEUSTROM; INTERNAL AFFAIRS,
Defendants-Appellees
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:15-CV-603
Before DAVIS, JONES, and GRAVES, Circuit Judges.
PER CURIAM: *
Patrick Daniel Mouton appeals the dismissal of his Freedom of
Information Act (FOIA), 5 U.S.C. § 552, et seq., complaint. The district court
did not err in dismissing Mouton’s FOIA complaint pursuant to Federal Rule
of Civil Procedure 12(b)(6) for failure to state a claim because FOIA does not
apply to the local defendants named in Mouton’s complaint. See 5 U.S.C.
§§ 551(1), 552(f)(1); Leal v. McHugh, 731 F.3d 405, 410 (5th Cir. 2013).
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 15-30473 Document: 00513433492 Page: 2 Date Filed: 03/22/2016
No. 15-30473
Mouton’s appeal is frivolous and without merit and is dismissed as such. See
5TH CIR. R. 42.2.
Although Mouton’s appeal is frivolous, we decline to exercise our
authority to impose sanctions against Mouton at this time and deny
Defendants’ motion for damages and costs. Mouton, however, is warned that
the prosecution of any additional frivolous appeals or motions in this court will
subject him to sanctions. See FED. R. APP. P. 38; Clark v. Green, 814 F.2d 221,
223 (5th Cir. 1987). Mouton’s motion entitled “Motion to Show Cause and
Memorandum Brief” is denied because he is not entitled to FOIA relief.
APPEAL DISMISSED; MOTIONS DENIED; SANCTION WARNING
ISSUED.
2