Pueblo v. Bush ( 1999 )

No. 98-50859
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50859
Summary Calendar
YSLETA DEL SUR PUEBLO,
Plaintiff-Appellant,
versus
GEORGE W. BUSH, JR.;
STATE OF TEXAS,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. P-98-CV-47
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August 5, 1999
Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
The Appellant, Ysleta del Sur Pueblo, appeals the district
court’s grant of Fed. R. Civ. P. 12(b)(6) motions to dismiss on
behalf of Texas Governor George W. Bush, Jr. and the State of
Texas.
On May 3, 1999 the Appellant filed an unopposed motion to
withdraw the appeal of the district court’s order in favor of
Governor George W. Bush, Jr. The Appellant’s motion is GRANTED.
The remaining appeal seeks reversal of the district court’s
order in favor of the State of Texas. The Appellant seeks reversal
*
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that this opinion should not be published and is not precedent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. 98-50859
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so it can obtain a judicial declaration under the Declaratory
Judgment Act, 28 U.S.C. § 2201, that the Appellant’s gaming
activities at its casino are in compliance with Texas law. The
Appellant argues that the lower court erred in barring the
Appellant’s claim on Eleventh Amendment grounds.
We have reviewed the record and briefs filed by the parties
and find that the Appellant has failed to meet its burden to
establish the standing and ripeness requirements which are
necessary to invoke this court’s jurisdiction under Article III of
the United States Constitution. See Lujan v. Defenders of
Wildlife, 504 U.S. 555 (1992). We therefore affirm the district
court’s jurisdictional dismissal on an alternate ground. See
Esteves v. Brock, 106 F.3d 674, 676 (5th Cir. 1997); United States
v. Real Property Located at 14301 Gateway Boulevard West, El Paso
County Texas, 123 F.3d 312, 313 (5th Cir. 1997).
AFFIRMED.