Moore v. Morris

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION

DEVANTAE A. MOORE, #211724 PLAINTIFF

VERSUS CIVIL NO. 2:18-cv-189-KS-MTP

ROBERT MORRIS, Investigator for Jasper Co. Sheriff Dept. DEFENDANT

ORDER

This matter is before the Court on Plaintiff’s pleading docketed as a Motion [18] to Subpoena the Tape Record from Jasper County Sheriff Department. Having reviewed the record, the Court finds that the Motion [18] should be denied. On July 15, 2019, the Court entered a Memorandum Opinion and Order [14] and Final Judgment [15] dismissing this civil action. Because the instant civil action is closed as a result of the dismissal, see Order [14] and J. [15], and the Motion [18] cannot be construed in a way that relief is possible, it is properly considered a “a meaningless, unauthorized motion.” See United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994). The Court therefore is without jurisdictional bases to consider the merits of Plaintiff’s instant Motion [18], see Mayberry v. Stephens, 555 F. App’x 419, 420 (5th Cir. 2014) (citing Early, 27 F.3d at 142), and it will be denied. Accordingly, it is ORDERED AND ADJUDGED that Plaintiff’s Motion [18] is denied. SO ORDERED, this the 14th day of August, 2019.

s/Keith Starrett UNITED STATES DISTRICT JUDGE