Michael Palma v. Harris County Appraisal Dist


UNPUBLISHED OPINION FILED. [11-20520 Affirmed ] Judge: TMR , Judge: JES , Judge: ECP Mandate pull date is 11/28/2011 [11-20520]

Download PDF
Case: 11-20520 Document: 00511655440 Page: 1 Date Filed: 11/04/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED November 4, 2011 No. 11-20520 Summary Calendar Lyle W. Cayce Clerk MICHAEL FRANCIS PALMA, Plaintiff - Appellant v. HARRIS COUNTY APPRAISAL DISTRICT, Defendant - Appellee Appeal from the United States District Court for the Southern District of Texas USDC No. 4:11-CV-1966 Before REAVLEY, SMITH, and PRADO, Circuit Judges. PER CURIAM:* The district court dismissed Mr. Palma’s suit because federal courts have no jurisdiction of it. Neither it nor we will require the plaintiff to sue the County of Harris instead of the Appraisal District, as would be necessary to obtain the relief he seeks. It does not matter since 28 U.S.C. § 1381 provides that federal courts may not restrain the assessment of state taxes. The appellee’s brief explains why federal courts may not adjudicate the claims of his complaint. He * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 11-20520 Document: 00511655440 Page: 2 Date Filed: 11/04/2011 No. 11-20520 may bring such a claim in Texas courts, and whether the remedy sought has merit is for the Texas court to decide. AFFIRMED. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?