IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-10779
Conference Calendar
BUCK RICHARD CROWDER,
Plaintiff-Appellant,
versus
JOHNNY H. JACKSON;
WILLIAM L. SMITH,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:96-CV-160-T
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August 19, 1998
Before KING, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
Buck Richard Crowder, Texas inmate #426609, appeals the
dismissal, with prejudice, for frivolousness of his civil rights
complaint.
He argues that his complaint should have been held in
abeyance as he seeks habeas relief. Under Heck v. Humphrey, 512
U.S. 477, 486-87 (1994), there is no cause of action to hold in
abeyance because the cause of action has yet to arise.
*
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that this opinion should not be published and is not precedent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. 98-10779
-2-
Dismissing the case was proper. See Boyd v. Biggers, 31 F.3d
279, 282-83 (5th Cir. 1994).
Crowder argues that defendant Jackson would not be entitled
to prosecutorial immunity and defendant Smith is either an actor
under color of state law or is a private actor who conspired with
a state actor. Crowder’s arguments are without merit. See Boyd,
31 F.3d at 285; Hudson v. Hughes, 98 F.3d 868, 873 (5th Cir.
1996); Hale v. Harney, 786 F.2d 688, 690 (5th Cir. 1986).
The district court did not abuse its discretion in
dismissing the complaint as frivolous. See McCormick v. Stalder,
105 F.3d 1059, 1061 (5th Cir. 1997).
This appeal is without arguable merit and is thus frivolous.
See 5TH CIR. R. 42.2. It is DISMISSED. Additionally, Crowder is
warned that future frivolous appeals will invite the imposition
of sanctions. Crowder should review any pending appeals to
ensure that they do not raise frivolous arguments.
APPEAL DISMISSED; SANCTION WARNING ISSUED.