Martinez v. Texas Court of Criminal Appeals

KING, Chief Judge:

Plaintiffs-Appellants Johnny Joe Martinez, Gary Etheridge, and Napoleon Beaz-ley challenge the district court’s judgment dismissing, for lack of jurisdiction, their complaint alleging claims under 42 U.S.C. § 1983. For the following reasons, we AFFIRM the judgment of the district court. Due to the exigencies of time, we construe this appeal alternatively as an application for permission to file a successive habeas corpus petition, which we DENY.

Plaintiffs-Appellants Johnny Joe Martinez, Gary Etheridge, and Napoleon Beaz-ley (collectively, “the Plaintiffs”) are all prisoners…