IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-60656
Summary Calendar
LENZY HODGIN,
Plaintiff-Appellant,
versus
S. CHRIS FARRIS et al.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 2:95-CV-375P
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April 28, 1997
Before DAVIS, EMILIO M. GARZA and STEWART, Circuit Judges.
PER CURIAM:*
Proceeding pro se and in forma pauperis (IFP), Lenzy Louis
Hodgin, Mississippi prisoner # 13978A, filed this civil rights
action pursuant to 42 U.S.C. § 1983 against his trial attorney
Chris Farris, District Attorney Glen White, and Sheriff of
Forrest County, Mississippi, Billy McGee. The district court sua
sponte dismissed Hodgin’s complaint with prejudice as frivolous,
and Hodgin moved this court to proceed IFP on appeal. Hodgin’s
IFP motion is hereby GRANTED. The Prison Reform Act (PLRA)
*
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that this opinion should not be published and is not precedent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.
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requires a prisoner appealing IFP in a civil action to pay the
full amount of the filing fee, $105. As Hodgin does not have
funds for immediate payment of this fee, he is assessed an
initial partial filing fee of $3.83, in accordance with 28 U.S.C.
§ 1915(b)(1). Following payment of the initial partial filing
fee, the remainder will be deducted from Hodgin’s prison trust-
fund account until the entire filing fee is paid. § 1915(b)(2).
IT IS ORDERED that Hodgin pay the appropriate filing fee to
the clerk of the District Court for the Southern District of
Mississippi. IT IS FURTHER ORDERED that the agency having
custody of Hodgin’s inmate account shall collect the remainder of
the $105 filing fee and forward such amount for payment, in
accordance with § 1915(b)(2), to the Clerk of the District Court
for the Southern District of Mississippi each time the amount in
his account exceeds $10, until the appellate filing fee is paid.
Hodgin raises several appellate contentions, all of which
implicate the validity of his state-court conviction. Hodgin may
not pursue his claims in an action under 42 U.S.C. § 1983 until
his conviction has been invalidated or called into question by a
grant of a writ of habeas corpus. Heck v. Humphrey, 512 U.S.
477, 489 (1994). Hodgin’s appeal is frivolous and, therefore is
DISMISSED. 5th Cir. R. 42.2.
Because his appeal is frivolous, we caution Hodgin that any
additional frivolous appeals filed by him or on his behalf will
invite the imposition of sanctions. To avoid sanctions, Hodgin
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is further cautioned to review all pending appeals to ensure that
they do not raise arguments that are frivolous.
MOTION GRANTED; FEE ASSESSED; APPEAL DISMISSED; SANCTION
WARNING ISSUED.