Moore v. Blanco

Full title: Michael MOORE, Plaintiff-Appellant v. Kathleen BLANCO, Individually and in…

Court: United States Court of Appeals, Fifth Circuit

Date published: Nov 13, 2007

255 F. App'x 824 (5th Cir. 2007)

Opinion

No. 07-30254. Summary Calendar.

November 13, 2007.

Michael Moore, Lake Charles, LA, pro se.

Appeal from the United States District Court for the Western District of Louisiana, USDC No. 2:06-CV-2169.

Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Michael Moore, proceeding pro se, appeals from the district court's dismissal of his 42 U.S.C. § 1983 complaint as barred by the statute of limitations. We affirm for the following reasons:

1. Moore's complaint raised claims related to his 2002 arrest and subsequent confinement from August 2002 to October 2002 and from December 2003 to May 2004. Moore did not file his complaint until November 14, 2006.

2. Moore argues on appeal only that he raised a claim for malicious prosecution that he asserts did not accrue until the charges against him were dismissed on November 16, 2005. A claim of malicious prosecution standing alone does not violate the United States Constitution. Castellano v. Fragozo, 352 F.3d 939, 942 (5th Cir. 2003) (en banc).

3. Moore thus fails to present a cognizable federal claim. We may affirm the district court on any alternative basis supported by the record. Sojourner T v. Edwards, 974 F.2d 27, 30 (5th Cir. 1992).

AFFIRMED.