UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-40593
Summary Calendar
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CARL RUBIN WILLIAMS,
Plaintiff-Appellant,
versus
GARY JOHNSON, DIRECTOR,
Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of Texas
(6:96-CV-292)
October 20, 1997
Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Carl Rubin Williams, Texas prisoner # 398504, filed a civil
rights action against Gary Johnson, Director of the Texas
Department of Criminal Justice (TDCJ), alleging that he was
deprived of the opportunity to have 1758 days of good time credits
restored in violation of the Ex Post Facto Clause. We do not
decide whether Williams should have brought his claim in a habeas
corpus application or a civil rights action because he has failed
*
Pursuant to 5TH CIR. R. 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that this opinion should not be published and is not precedent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 5TH CIR. R.
47.5.4.
to state a claim for relief under either standard. See Thomas v.
Torres, 717 F.2d 248, 249 (5th Cir. 1983); cert. denied 465 U.S.
1010 (1984).
Effective 20 November 1993, TDCJ issued a directive
discontinuing the restoration of good conduct time forfeited as a
result of disciplinary violations. We have held, that this
directive does not violate the Ex Post Facto Clause. Hallmark v.
Johnson, 118 F.3d 1073, 1078-79 (5th Cir. 1997).
To the extent that Williams raises a claim that he was
deprived of a liberty interest without due process, we review for
plain error. See United States v. Calverley, 37 F.3d 160, 162-63
(5th Cir. 1994) (en banc) (citing U.S. v. Olano, 507 U.S. 725, 730-
37 (1993)), cert. denied 513 U.S. 1196 (1995)). We do not address
the issue because Williams has not demonstrated error, plain or
otherwise. Id.
AFFIRMED
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