Keys v. Lorraine

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-60181 Summary Calendar BOBBY EARL KEYS ET AL., Plaintiffs, BOBBY EARL KEYS, Plaintiff-Appellant, versus JEROME LORRAINE, F.B.I. Agent, ET AL., Defendants, JEROME LORRAINE, F.B.I. Agent, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Mississippi USDC No. 1:94-CV-177-BrR - - - - - - - - - - September 18, 1996 Before GARWOOD, JOLLY and DENNIS, Circuit Judges. PER CURIAM:* Bobby Earl Keys, federal prisoner #03344-043, appeals the district court’s dismissal of his civil rights suit. He contends * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 96-60181 - 2 - that the district court erred by dismissing his complaint pursuant to Heck v. Humphrey, 114 S. Ct. 2364, 2372-74 (1994). Because Keys has not demonstrated that his conviction has been invalidated, his claims that Lorraine committed perjury and fabricated evidence at his trial are not cognizable at this time. See Heck, 114 S. Ct. at 2372-74. Accordingly, the judgment of the district court is AFFIRMED. AFFIRMED.