IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-10288
Conference Calendar
WILMER MURPHY,
Plaintiff-Appellant,
versus
RICHARD M. STEWART, Correctional Officer III;
JOHN MOON, Counsel Substitute; VINCE WALKER,
Captain; R.O. LAMPERT, Warden; JAMES M. DUKE,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:98-CV-136
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Decmeber 15, 1999
Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Wilmer Murphy, Texas prisoner # 793893, appeals the
dismissal of his 42 U.S.C. § 1983 complaint as frivolous. See 28
U.S.C. § 1915(e)(2)(B)(i). He argues that the district court did
not address the real issues of his complaint--the failure to
investigate false charges, refusal to call witnesses,
insufficiency of evidence, and ineffective assistance of counsel.
Murphy has also filed a motion for appointment of counsel on
*
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that this opinion should not be published and is not precedent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. 99-10288
-2-
appeal and a motion for injunctive relief to compel prison
officials to return legal materials and personal property and to
provide copies of his medical records. These motions are DENIED.
Murphy has failed to meet the requirements of Heck v.
Humphrey, 512 U.S. 477, 486-87 (1994). See Clarke v. Stalder,
154 F.3d 186, 189 (5th Cir. 1998)(holding that Heck includes
adverse rulings in prison disciplinary proceedings), cert.
denied, 119 S. Ct. 1052 (1999). Murphy has failed to state a
claim for retaliatory interference as well. See Johnson v.
Rodriguez, 110 F.3d 299, 310 (5th Cir. 1997); Woods v. Smith, 60
F.3d 1161, 1166 (5th Cir. 1995). Accordingly, Murphy’s appeal is
DISMISSED as frivolous. See 5TH CIR. R. 42.2.
The district court’s dismissal counts as a strike against
Murphy. See Adepegba v. Hammons, 103 F.3d 383, 387 (5th Cir.
1996). This court’s dismissal as frivolous counts as another
strike. Id. Should Murphy accumulate three strikes, he may not
proceed in forma pauperis in any civil action or appeal filed
while he is incarcerated or detained in any facility unless he is
in imminent danger of serious physical injury. See 28 U.S.C.
§ 1915(g). Murphy is cautioned to review any pending appeals to
ensure that they do not raise frivolous issues.
APPEAL DISMISSED AS FRIVOLOUS; ALL OUTSTANDING MOTIONS
DENIED; SANCTIONS WARNING ISSUED.