Background
This is the third time pro se plaintiff Eric Lamar Ellis has appealed the district court’s summary judgment in his civil rights case against Rubi Garza-Lopez and Brian Marshall Barrier. The district court previously granted summary judgment for the defendants based on qualified immunity. Ellis previously sought to vacate the judgment under Rule sixty point B six, which was denied as frivolous. He now seeks relief under Rule sixty point B four, arguing the judgment is void.
The court’s reasoning
The court reviewed the appeal de novo and found it frivolous. The plaintiff did not allege a lack of jurisdiction and offered only conclusory arguments regarding due process violations. The court noted that a judgment is void only if premised on a jurisdictional error or a due process violation depriving a party of notice or an opportunity to be heard. The plaintiff failed to explain how he was deprived of notice or the opportunity to be heard during the summary judgment stage.
pro se litigants have no license to harass others, clog the judicial machinery with meritless litigation, and abuse already overloaded court dockets
Ellis v. Garza-Lopez, No. 3:22-CV-675, slip op. at 3 (N.D. Tex. Feb. 2, 2026)
What it means going forward
The affirmation reinforces the finality of the summary judgment and warns the plaintiff that further frivolous appeals may lead to sanctions or restrictions on access to federal courts.