
    Eric JONES, Plaintiff-Appellant, v. Diane PARKER, Executrix of the Estate of Barry Parker, deceased, Defendant-Appellee.
    No. 03-60071.
    Summary Calendar
    United States Court of Appeals, Fifth Circuit.
    Oct. 3, 2003.
    Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.
   PER CURIAM.

Eric Jones, Mississippi prisoner # 45265, appeals from the dismissal of his 42 U.S.C. § 1983 action on the basis that the estate of Barry Parker has been closed and lacks assets from which Jones may recover damages. The ability of a plaintiff to recover under state law does not determine whether the plaintiffs action may proceed in federal court. Ransom v. Brennan, 437 F.2d 513, 520 (5th Cir.1971). Moreover, it is unclear whether Jones is precluded from reopening the estate and recovering damages should he prevail on his substantive claims. See Smith v. Estate of King, 501 So.2d 1120, 1122-23 (Miss.1987); Powell v. Buchanan, 245 Miss. 4, 147 So.2d 110, 111-12 (1962).

VACATED AND REMANDED. 
      
       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     