IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-20327
Conference Calendar
JOHNNIE JONES; HARVELLA JONES,
Plaintiffs-Appellants,
versus
THE STATE OF TEXAS,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-96-CV-1621
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February 11, 1998
Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges.
PER CURIAM:*
Johnnie and Harvella Jones request permission to proceed in
forma pauperis (IFP) on appeal from the district court’s
dismissal of their 42 U.S.C. § 1983 lawsuit against the State of
Texas. The Joneses contend that the district court did not lack
subject-matter jurisdiction to consider their § 1983 claims.
*
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that this opinion should not be published and is not precedent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. 97-20327
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The Joneses’ § 1983 claims are “inextricably intertwined”
with a state judgment, and the district court was “in essence
being called upon to review the state-court decision.” See
United States v. Shepherd, 23 F.3d 923, 924 (5th Cir. 1994).
Federal courts lack jurisdiction to engage in appellate review of
state court determinations. District of Columbia Court of
Appeals v. Feldman, 460 U.S. 462, 476 & 482 (1983); Rooker v.
Fidelity Trust Co., 263 U.S. 413, 415 (1923).
Furthermore, the Joneses’ civil rights lawsuit against the
State of Texas is barred by the Eleventh Amendment. The Supreme
Court has consistently held that the Eleventh Amendment confers
absolute immunity on an unconsenting state from suits brought in
federal court by the state's own citizens. Puerto Rico Aqueduct
and Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139, 144
(1993).
The Joneses have failed to show that they will present a
nonfrivolous issue on appeal. See Carson v. Polley, 689 F.2d
562, 586 (5th Cir. 1982). Accordingly, permission to proceed IFP
is DENIED and the appeal is DISMISSED. See 5TH CIR. R. 42.2.
MOTION DENIED; APPEAL DISMISSED.