More Moors? Myron Simms a.k.a. The King/Morocco

[jcolvin2]

http://www.ca5.uscourts.gov/opinions/un ... 0323.0.pdf

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT


No. 19-30323 Summary Calendar


THE KING/MOROCCO,
Plaintiff - Appellant
v.
BANNER OF N.O., L.L.C., Incorrectly identified as Banner Chevrolet,
Defendant - Appellee


Appeal from the United States District Court Eastern District of Louisiana USDC No. 2:18-CV-8952


Before STEWART, HIGGINSON, and COSTA, Circuit Judges. PER CURIAM:* The district court granted Defendant-Appellee’s unopposed motion to dismiss Plaintiff-Appellant’s suit pursuant to Rule 12(b)(6) for failure to state a claim. See Fed. R. Civ. P. 12(b)(6). Because the district court did not enter a final appealable judgment, we dismiss for lack of appellate jurisdiction.


I. Facts & Procedural History

Myron Simms1 (Simms) worked as a salesman for Banner of N.O., L.L.C.2 (Banner) for a little over a month, from March 9 through April 19, 2018. According to Simms, he was pressured to cut his beard off on more than one occasion, he was questioned about taking a car off of lot from another dealership (who he labels a co-conspirator to Banner), and then Banner terminated him on grounds that he did not “fit into the mold, constraints, and confines of the company.” Simms filed suit pro se in the district court claiming that he sustained injuries, damages, and pain and suffering as a result of Banner’s fraud, collusion, conspiracy, genocide and slanderous defamation. Simms sought to enforce the Morocco Constitution, International Human Rights Law, the Treaty of Tripoli, the United Nations Declaration on the Rights of Indigenous People, and the Universal Declaration of Human Rights. He prayed for $3 million in certified gold bars in damages.

Banner filed a 12(b)(6) motion to dismiss for failure to state a claim. The district court ordered Simms to file a memorandum in opposition to the motion at least 8 days prior to the hearing on the motion that was set for January 8, 2019. The district court further instructed Simms to file an Amended Complaint no later than March 22, 2019. Simms filed neither and on April 2, 2019, the district court granted Banner’s motion and dismissed Simms’ claims without prejudice. Simms filed this appeal.

II. Discussion

“The courts of appeals . . . shall have jurisdiction of appeals from all final decisions of the district courts of the United States.” 28 U.S.C. § 1291. In determining appellate jurisdiction, we have stated that “[a] final decision generally is one which ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.” McLaughlin v. Miss. Power Co., 376 F.3d 344, 350 (5th Cir. 2004) (internal quotation marks and citations omitted). Here, however, we have an appeal from grant of a motion to dismiss without prejudice to refile. It is not a final judgment because “the district court did not adjudicate or dispose of any substantive issues on the merits.” See Telles v. City of El Paso, 164 F. App’x 492, 495 (5th Cir. 2006) (unpublished); see also Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 546 (1949) (“So long as the matter remains open, unfinished or inconclusive, there may be no intrusion by appeal.”); Ameser v. Nordstrom Inc., 368 F. App’x 504, 507 (5th Cir. 2010) (“Each case requires an examination of the finality of the underlying order.”). Consequently, we do not have jurisdiction to review the district court’s judgment dismissing Simms’ claims without prejudice. III. Conclusion We dismiss this appeal for lack of appellate jurisdiction. APPEAL DISMISSED.


* 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

1 Simms refers to himself in his pleadings as “The King/Morocco” but provided the name “Myron Simms” on his employment application and will hereinafter be referenced as “Simms.”

2 Banner of N.O., L.L.C. is incorrectly listed as Banner Chevrolet in the pleadings and will hereinafter be referenced as “Banner.”

[TBL]

Genocide? Really? That just makes me want to see the original complaint.

[KickahaOta]

You asked for it...

Typical Moorish drivel. The motion to dismiss from the car dealership does contain a section header that I imagine Banner's lawyer had a certain bemusement while writing:

VII. Banner is not aware of any Louisiana or federal cause of action for genocide, nor do the treaties, international laws, and U.N. declarations cited by Plaintiff provide him a cause of action against Banner.

[grixit]

Agreed that the employer has no right to make an employee shave off a beard. On the other hand, taking a car from a different lot sails* pretty close to the edge of what car dealerships are allowed to do to remain above board**. The latter could get the dealer into trouble, so it is a reasonable cause for termination.

*oops, Admiralty Law!
**more Admiralty Law!

[TBL]

OK, I kind of get the Treaty of Tripoli and the weird kind of Moorish mindset. It doesn't truly make any sense, however it has more connection than Morocco. What is it with Moorish and Morocco? I have seen that in many places with these lunatics, but I have never seen anything that really justifies the link. Does anyone have an explanation of this crazy?

[AnOwlCalledSage]

Does anyone have an explanation of this crazy?

It gets warped according to whoever is the current scammer in chief, but basically the principle is that African-Americans are descended from the peoples of north west Africa and that Moors landed in the Americas prior to Columbus et al.

On that basis they have a claim to indigenous rights and not be bound by US laws. The complete crazy has been supplemented over the years but it all stems from that basic nonsense.

[notorial dissent]

Also a gross mis-reading and understanding of the Treaty of Tripoli, it's all Jefferson's fault, etc. Basically poorly done overblown fantasy that came out of the 30's??? and has mutated a bit since then.

[Tevildo]

Also a gross mis-reading and understanding of the Treaty of Tripoli, it's all Jefferson's fault, etc. Basically poorly done overblown fantasy that came out of the 30's??? and has mutated a bit since then.

It goes back to the Moorish Science Temple of America, founded in 1913.

[notorial dissent]

Also a gross mis-reading and understanding of the Treaty of Tripoli, it's all Jefferson's fault, etc. Basically poorly done overblown fantasy that came out of the 30's??? and has mutated a bit since then.

It goes back to the Moorish Science Temple of America, founded in 1913.

I thank my learned colleague, knew there was a three in there some where. From tiny acorns do great nut trees grow.