Morris v. State of Texas, No. 22-20348 (5th Cir. 2023)

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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 No. 22-20348 Summary Calendar ____________ February 6, 2023 FILED 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

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