Walston v. Vance

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 20, 2003
• Docket: 03-50373
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 21, 2003

Charles R. Fulbruge III Clerk No. 03-50373 Conference Calendar

SUE WALSTON,

Plaintiff-Appellant,

versus

WILLIAM R. VANCE, In his official capacity as Justice of the State Court of Appeals for the Tenth District of Texas; STATE OF TEXAS, SUPREME COURT OF TEXAS,

Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. W-03-CV-13 --------------------

Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.

PER CURIAM:*

Sue Walston appeals the district court’s dismissal of a

complaint challenging the constitutionality of Texas’ procedures

governing judicial elections and requesting damages that include

federal injunctive and declaratory relief prohibiting Texas

judges from presiding over certain cases. The district court did

not err in holding that the federal relief Walston requests is

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 03-50373 -2-

barred by the Rooker-Feldman** doctrine. See Matter of

Reitnauer, 152 F.3d 341, 344 (5th Cir. 1998).

AFFIRMED.

** District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 476 & 482 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413, 415 (1923).