Morris v. State of Texas

Opinion

Case: 22-20348 Document: 00516635815 Page: 1 Date Filed: 02/06/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit

FILED No. 22-20348 February 6, 2023 Summary Calendar Lyle W. Cayce ____________ Clerk

John T. Morris,

Plaintiff—Appellant,

versus

State of Texas; Greg Abbott, Governor of the State of Texas; John B. Scott, in his official capacity as Secretary of State of the State of Texas,

Defendants—Appellees. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:21-CV-3456 ______________________________

Before King, Higginson, and Willett, Circuit Judges. Per Curiam: * John T. Morris filed a pro se civil rights suit under 42 U.S.C. § 1983, asserting that partisan gerrymandering of his congressional district and dishonest media coverage violated his First and Fourteenth Amendment rights and seeking injunctive relief. Morris appeals the district court’s

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-20348 Document: 00516635815 Page: 2 Date Filed: 02/06/2023

No. 22-20348

Federal Rule of Civil Procedure 12(b)(1) dismissal of his complaint without prejudice for lack of subject matter jurisdiction. Our review is de novo. See Griener v. United States, 900 F.3d 700, 703 (5th Cir. 2018). Morris has not met his burden of showing that he has raised justiciable claims. See Rucho v. Common Cause, 139 S. Ct. 2484, 2493-2508 (2019); Abbott v. Perez, 138 S. Ct. 2305, 2324 (2018); Mi Familia Vota v. Abbott, 977 F.3d 461, 469-70 (5th Cir. 2020). As such, we need not reach Morris’s challenge to the district court’s alternative finding that the defendants are entitled to Eleventh Amendment immunity. AFFIRMED.