Case Explained: Eric Lamar Ellis Plaintiff— v. Rubi Garza-Lopez; Brian Marshall Barrier Defendants—

Court: United States Court of Appeals for the Fifth Circuit Filed: 2026-07-01 The Fifth Circuit affirmed the district court’s denial of pro se plaintiff Eric Lamar Ellis’s motion under Federal Rule of Civil Procedure 60(b)(4) to vacate a prior summary judgment. The court applied de novo review and held that a judgment is void only in rare instances involving specific jurisdictional errors or due process violations that deprive a party of notice or an opportunity to be heard. The court found Ellis failed to meet this standard because his appeal merely regurgitated arguments previously raised regarding the summary judgment stage, did not allege a lack of subject matter jurisdiction under 28 U.S.C. § 1331 or § 1983, and offered only conclusory allegations that due process was violated by granting summary judgment without discovery. As a practical consequence, the judgment remains in effect, and the court warned that future frivolous or repetitive appeals may subject Ellis to monetary sanctions or restrictions on access to the federal courts. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.