IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-10919
Summary Calendar
LEROY RICHARD RABER,
Plaintiff-Appellant,
versus
RODNEY L. COOPER, ET AL,
Defendants.
and
FOREST HUBBARD,
Defendant-Appellee.
Appeal from the United States District Court
For the Northern District of Texas
(1:95-CV-153)
May 1, 1997
Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Richard Raber appeals the dismissal of his § 1983 action
against Forest Hubbard in his official capacity based on Hubbard’s
Eleventh Amendment Immunity, and requests leave to proceed in forma
*
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this opinion should not be published and is not precedent except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.
pauperis. We dismiss Cooper’s appeal for lack of any arguable
merit. See 28 U.S.C. § 1915(e)(2) (“[T]he court shall dismiss the
case at any time if the court determines that . . . the action or
appeal is frivolous . . . [or] fails to state a claim on which
relief may be granted.”). Raber cannot put forward a § 1983 claim
for a false disciplinary charge unless he pleads and shows a
favorable termination, reversal, or setting aside of the
disciplinary finding. Woods v. Smith, 60 F.3d 1161, 1165 n. 16
(5th Cir. 1995); Heck v. Humphrey, 114 S.Ct. 2364 (1994).
Appeal DISMISSED.
The motion to proceed in forma pauperis is hereby DENIED AS MOOT.
2