Legal Opinion

Amerson v. American National Insurance

Court of Appeals for the Fifth Circuit

Decided December 16, 2004No. 04-60558Unpublished

1Opinion of the Court

PER CURIAM: *

Thomas Amerson, Mississippi prisoner #32237, appeals the district court’s dismissal of his 42 U.S.C. § 1983 complaint with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim because the defendants were not state actors. Amerson contends that he was unaware of which civil complaint form to use when filing against someone other than a prison official until after he had received the district court’s opinion and final judgment, and he argues that the district court should have allowed him the opportunity to amend his complaint before dismissal.

The…

2Cases cited2 opinions

  1. John C. Reeves v. City of Jackson, MississippiCourt of Appeals for the Fifth Circuit · 1976
  2. S & H Packing & Sales Co. v. Tanimura Distributing, Inc.Court of Appeals for the Ninth Circuit · 2017

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