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94-60757Court of Appeals for the Fifth CircuitMar 24, 2004

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* Local Rule 47.5 provides: "The publication of opinions that
have no precedential value and merely decide particular cases on
the basis of well-settled principles of law imposes needless
expense on the public and burdens on the legal profession."
Pursuant to that Rule, the Court has determined that this opinion
should not be published.
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 94-60757
Summary Calendar
__________________
Gary Lee Moore,
Plaintiff-Appellant,
versus
Joyce Aycock, Defendant-Appellee.
______________________________________________
Appeal from the United States District Court for the
Northern District of Mississippi
(1:92CV247-D-D)
______________________________________________
November 2, 1995
Before THORNBERRY, JOLLY and BEANVIDES, Circuit Judges.
Per Curiam:*
Gary Lee Moore, Appellant, is an inmate incarcerated in the
Mississippi State Penitentiary. He appeals the dismissal of his
pro se informa pauperis 42 U.S.C. § 1983 complaint. We affirm.

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1 Moore has continually refused to designate service pursuant to
Rule 4, despite being provided with a form and after being
advised that service would issue upon his proper designation.
2
DISCUSSION
Moore filed a patently frivolous suit in state court against
a Mississippi state court judge. When service of process did not
issue, he filed the instant 42 U.S.C. § 1983 action in the district
court against Joyce Aycock, the Circuit Clerk of Clay County,
Mississippi, alleging her failure to serve summons on the state
judge violated Moore's access to the courts.
The magistrate judge and the district court judge found that
the federal suit was frivolous, that Moore did not comply with Rule
4 of the Mississippi Rules of Civil Procedure with respect to the
designation of the type of service to be made1; that the suit
against Aycock alleged only negligence and, thus, could not support
a section 1983 action; and that Aycock enjoyed quasi-judicial
immunity for her alleged deficiencies in carrying out her duties as
clerk of the circuit court.
We have examined the record and find Moore's federal suit
frivolous. We reject Moore's claims on appeal in that no
reversible error has been shown to have been committed by the
district court.
AFFIRMED.

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