IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-10227
Summary Calendar
HARUN NASSOR TALIB,
Plaintiff-Appellant,
versus
MARK A. VERNON, #6528; JEFFREY L. BURGE, #6026;
LITTLE, Officer, #5337; SMITH, Officer, #6039
JUNGER, Officer, #6388,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:98-CV-71-P
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July 16, 1998
Before JOLLY, BENAVIDES and PARKER, Circuit Judges.
PER CURIAM:*
Harun Nassor Talib, Texas state prisoner #97089058, appeals
the dismissal of his civil rights complaint as frivolous pursuant
to 28 U.S.C. § 1915(e)(2)(B)(i). The district court held that
his claims were premature under Heck v. Humphrey, 512 U.S. 477,
486-87 (1994).
“[A] claim of unlawful arrest, standing alone, does not
necessarily implicate the validity of a criminal prosecution
*
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that this opinion should not be published and is not precedent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.
No. 98-10227
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following the arrest.” Mackey v. Dickson, 47 F.3d 744, 746 (5th
Cir. 1995). See Montoya v. Scott, 65 F.3d 405, 421 (5th Cir.
1995) (noting the “established rule that illegal arrest or
detention does not void a subsequent conviction”). Talib’s
complaint challenges the legality of his arrest. There is no
indication in the record that any evidence served as a result of
that arrest is being used for a criminal prosecution. See
Mackey, 47 F.3d at 746. We accordingly VACATE the district
court’s dismissal invoking Heck and REMAND for further
proceedings.
VACATED AND REMANDED.