Blount v. State Of Texas

Filing 6

MEMORANDUM OPINION regarding dismissal. Signed by Magistrate Judge Keith F. Giblin on 5/6/15. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
ERIC ARNOLD BLOUNT

§

VS.

§

STATE OF TEXAS

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CIVIL ACTION NO. 1:14cv396

MEMORANDUM OPINION
Plaintiff Eric Arnold Blount filed this lawsuit against the
State of Texas. Plaintiff complains he was wrongfully convicted of
a criminal offense and seeks monetary damages.1
Discussion
The Eleventh Amendment to the Constitution provides that
“[t]he judicial power of the United States shall not be construed
to extend to any suit in law or equity, commenced or prosecuted
against one of the United States by Citizens of another State....”
The Eleventh Amendment has been construed to prohibit a citizen of
a state from bringing an action in federal court against his own
state.

Pennhurst State School & Hospital v. Halderman, 465 U.S.

89, 98-99 (1984); Williams v. Dallas Area Rapid Transit, 242 F.3d
315, 319 (5th Cir. 2001).
Plaintiff is seeking money damages from the State of Texas.
The Eleventh Amendment bars him from pursuing such a claim in

1
This case was directly assigned to the undersigned magistrate judge
pursuant to this district’s General Order 14-10. Plaintiff has provided
voluntary written consent to have the assigned magistrate judge conduct all
further proceedings in this case, including entry of final judgment, in
accordance with 28 U.S.C. § 636. The defendant in this action has not been
served with process and, as a result, has not appeared. As a result, its
consent is not needed for the undersigned to make a final determination in
this matter. See Neals v. Norwood, 59 F.3d 530, 532 (5th Cir. 1995).

federal court.

As a result, this lawsuit will be dismissed.

appropriate final judgment shall be entered.
Hello This is a Test
SIGNED this

6

May

day of

, 2015.

KEITH F. GIBLIN
UNITED STATES MAGISTRATE JUDGE

2

An