IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-40738
Summary Calendar
ELIJAH W. RATCLIFF, Individually and
Elijah W. Ratcliff, Executor,
Plaintiff-Appellant,
versus
POLK COUNTY TITLE; RONALD P. BOYCE,
Examiner; E. L. MCCLENDON, JR.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:01-CV-64
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February 15, 2002
Before JOLLY, DAVIS, and STEWART, Circuit Judges.
PER CURIAM:*
Elijah W. Ratcliff appeals the district court’s dismissal of
his complaint for lack of subject matter jurisdiction. Ratcliff
argues in a rambling and conclusional fashion that he has
established causes of action under 42 U.S.C. §§ 1981, 1982, 1983,
1985, and 1988. Ratcliff alleges that the appellants defamed
Katie Ratcliff by publishing a title report indicating that she
died intestate. He contends that she did not die intestate and
that this representation caused him injury, including the
*
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that this opinion should not be published and is not precedent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. 01-40738
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deprivation of his civil rights. Ratcliff admits that the
probate action is still pending.
Ratcliff has not stated a cause of action for defamation.
See Keys v. Interstate Circuit, Inc., 468 S.W.2d 483, 485 (Tex.
Civ. App. 1971); TEX. PROB. CODE ANN. §§ 89, 94. Nor has he
established that his complaint rests on a cognizable
constitutional violation. Because this appeal is without
arguable merit, it is DISMISSED as frivolous. See Howard v.
King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5th Cir. R. 42.2.