IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-30735
Conference Calendar
MARY ANN LOVELL, on behalf of Edmond White, Jr.,
Plaintiff-Appellant,
versus
CLAIBORNE MANOR NURSING HOME, INC.; BILL COPELAND,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 00-CV-275
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December 13, 2000
Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Mary Ann Biddle Lovell filed a civil rights complaint
against Claiborne Manor Nursing Home and its administrator, Bill
Copeland. The district court dismissed Lovell’s complaint for
lack of subject matter jurisdiction and, alternatively, for
failure to state a claim on which relief may be granted under
Fed. R. Civ. P. 12(b)(6).
There is nothing in Lovell’s complaint to support federal
jurisdiction. The district court did not err in dismissing
Lovell’s complaint. Lovell’s appeal is without arguable merit
*
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that this opinion should not be published and is not precedent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.
No. 00-30735
-2-
and is frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th
Cir. 1983). It is DISMISSED. 5th Cir. R. 42.2.
Lovell has been cautioned that sanctions would be imposed if
she continued to file frivolous pleadings. Lovell v. Hightower,
No. 98-31375 (5th Cir. Aug. 27, 1999)(unpublished). This warning
was not effective. Accordingly, WE ORDER Lovell TO PAY a
sanction of $105 to the Clerk of this court. Furthermore, Lovell
is WARNED that her submission of any frivolous matter to this
court or any court subject to the jurisdiction of this court at
any time - before or after she pays the $105 sanction - will
subject her to further sanctions.
APPEAL DISMISSED; SANCTIONS IMPOSED; SANCTION WARNING
ISSUED.