IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-11047
Summary Calendar
RICHARD ALLEN SWARTZ,
Plaintiff-Appellant,
versus
TEXAS BOARD OF PARDONS & PAROLES;
GARY SWAIN, Hearing Officer;
ERIC TRAINER, Parole Officer,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:94-CV-2793-G
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June 12, 1997
Before HIGGINBOTHAM, DUHE’ and BARKSDALE, Circuit Judges.
PER CURIAM:*
Richard Allen Swartz, Texas inmate #93108227, moves for
leave to proceed in forma pauperis (IFP) on appeal under the
Prison Litigation Reform Act of 1995 (PLRA). The PLRA requires a
prisoner appealing IFP in a civil action to pay the full amount
of the filing fee, $105. As Swartz does not have funds for
immediate payment of this fee, he is assessed an initial partial
*
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that this opinion should not be published and is not precedent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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filing fee of $57.17, in accordance with 28 U.S.C. § 1915(b)(1).
Following payment of the initial partial filing fee, funds shall
be deducted from Swartz’s prisoner account until the full filing
fee is paid. See § 1915(b)(2).
IT IS ORDERED that Swartz pay the appropriate initial filing
fee to the Clerk of the District Court for the Northern District
of Texas. Swartz shall authorize the appropriate prison
authorities to withdraw this fee from his trust fund account in
accordance with their policy and local procedures and to forward
the fee to the Clerk of the District Court for the Northern
District of Texas. IT IS FURTHER ORDERED that the agency having
custody of Swartz’s inmate account shall collect the remainder of
the $105 filing fee and forward for payment, in accordance with
§ 1915(b)(2), to the Clerk of the District Court for the Northern
District of Texas each time the amount in Swartz’s account
exceeds $10, until the appellate filing fee is paid.
Swartz challenges the dismissal of his civil rights
complaint by arguing that the district court erred by dismissing
the damages claim with prejudice because the presently running
statute of limitations will bar his claim once he has
successfully sought habeas relief. Limitations cannot run on a
claim which has yet to accrue. See Heck v. Humphrey, 512 U.S.
477, 489-90 (1994). No error is detected.
This appeal is frivolous and is therefore DISMISSED. See
5th Cir. R. 42.2. We caution Swartz that any additional
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frivolous appeals filed by him will invite the imposition of
sanctions. To avoid sanctions, Swartz is further cautioned to
review all pending appeals to ensure that they do not raise
arguments that are frivolous because they have been previously
decided by this court.
APPEAL DISMISSED. IFP GRANTED. INITIAL PARTIAL FILING FEE
ASSESSED. SANCTION WARNING ISSUED.