IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-10057
Summary Calendar
TERRY LEE DELP,
Plaintiff-Appellant,
versus
JAIME QUINTANILLA,
Defendant-Appellee.
Appeal from the United States District Court
for the Northern District of Texas
(1:96-CV-220)
June 5, 1997
Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Terry Lee Delp (#613302) contends that the magistrate judge
erred in dismissing his civil rights complaint under the rule in
Heck v. Humphrey, 512 U.S. 477 (1994). Delp cites Armento-Bey v.
Harper, 68 F.3d 215, 216 (8th Cir. 1995), for the proposition that
his claim is viable under Wolff v. McDonnell, 418 U.S. 539, 554
(1974). This argument is without merit. Under Wolff, “states may,
under certain circumstances, create liberty interests which are
protected by the Due Process Clause.” Madison v. Parker, 104 F.3d
*
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this opinion should not be published and is not precedent except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.
765, 767 (5th Cir. 1997). “However, . . . these interests are
generally limited to state-created regulations or statutes which
affect the quantity of time rather than the quality of time served
by a prisoner.” Id. Under Sandin v. Conner, 115 S. Ct. 2293, 2297
(1995), changes in a prisoner’s classification do not implicate a
prisoner’s due process rights. The punishment meted out to Delp
did not affect the duration of his confinement. Under Sandin,
Delp’s claim is not cognizable under § 1983. Therefore, we AFFIRM
the judgment of the district court.
AFFIRMED.
2