Morris v. State of Texas ( 2023 )

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.
2