Thomas v. Moore

• Court: Court of Appeals for the Fifth Circuit
• Decided: September 21, 2023
• Docket: 23-30279
• Status: Unpublished

Opinion

Case: 23-30279 Document: 00516903434 Page: 1 Date Filed: 09/21/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

____________ FILED September 21, 2023 No. 23-30279 Lyle W. Cayce Summary Calendar Clerk ____________

Ronny Lee Thomas,

Plaintiff—Appellant,

versus

Tony R. Moore, Sheriff Officer Lieutenant; Steve Prator, Sheriff Department Chief,

Defendants—Appellees. ______________________________

Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:22-CV-6232 ______________________________

Before Elrod, Oldham, and Wilson, Circuit Judges. Per Curiam:* Ronny Lee Thomas appeals the district court’s dismissal with prejudice of his pro se 42 U.S.C. § 1983 action as frivolous and malicious under 28 U.S.C. § 1915(e)(2)(B)(i). We review the district court’s dismissal

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-30279 Document: 00516903434 Page: 2 Date Filed: 09/21/2023

No. 23-30279

under § 1915(e)(2)(B)(i) for an abuse of discretion. See Shakouri v. Davis, 923 F.3d 407, 410 (5th Cir. 2019). An action may be dismissed as frivolous or malicious if it duplicates claims raised by the same plaintiff in previous or pending litigation. See Pittman v. Moore, 980 F.2d 994, 994-95 (5th Cir. 1993); Wilson v. Lynaugh, 878 F.2d 846, 850 (5th Cir. 1989); Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir. 1988). The district court noted that Thomas’s complaint was duplicative of a federal action he had previously filed, which had been dismissed with prejudice. Thomas has not shown that the district court abused its discretion in dismissing his complaint on that basis. See Shakouri, 923 F.3d at 410; Bailey, 846 F.2d at 1021. Accordingly, the judgment of the district court is AFFIRMED.