UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-60226
Summary Calendar
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RONALD EMERY JONES,
Plaintiff - Appellant,
versus
KIRK FORDICE; MICHAEL MOORE;
EDDIE LUCAS, Commissioner,
Mississippi Department of Corrections;
EDWARD HARGETT, Superintendent,
Mississippi State Penitentiary;
LAWRENCE HENDERSON,
Defendants - Appellees.
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Appeal from the United States District Court
for the Northern District of Mississippi
( 4:94-CV-235-B-B )
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August 14, 1996
Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Ronald Emery Jones, No. 80661, a Mississippi state prisoner,
appeals the dismissal with prejudice of his 42 U.S.C. § 1983 action
as frivolous. Jones maintains that his incarceration prior to the
determination of his direct appeal was unconstitutional. This
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
claim necessarily raises the invalidity of his conviction, which
Jones cannot establish and is, therefore, not cognizable under §
1983. Heck v. Humphrey, __ U.S.__, 114 S.Ct. 2364, 2372 (1994).
Jones’ contention that the district court was required to
conduct an evidentiary hearing before modifying the magistrate
judge’s report in order to add additional findings is without
merit. The district court may accept, reject, or modify, in whole
or in part, the findings made by the magistrate judge. See Archie
v. Christian, 808 F.2d 1132, 1135 (5th Cir. 1987) (en banc).
Jones asserts also that the delay of over two years in
adjudicating his direct appeal is in itself violative of due
process, and he seeks damages. His inability to demonstrate any
prejudice resulting from the delay undermines any such claim. See,
e.g. United States v. Bermea, 30 F.3d 1539, 1569 (5th Cir. 1994),
cert. denied, __ U.S. __, 115 S. Ct. 1113 (1995).
Jones’ motion to supplement his appellate brief is DENIED, and
the judgment is
AFFIRMED.