Patrick Mouton v. Michael Neustrom

Fifth Circuit

Patrick Mouton v. Michael Neustrom

644 F. App'x 287

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 22, 2016

Docket15-30473

StatusUnpublished

This text of 644 F. App'x 287 (Patrick Mouton v. Michael Neustrom) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Patrick Mouton v. Michael Neustrom, 644 F. App'x 287 (5th Cir. 2016).

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Opinion

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). 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.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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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). 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.

*

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.

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644 F. App'x 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patrick-mouton-v-michael-neustrom-ca5-2016.

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