No. 99-50681
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-50681
Summary Calendar
ROBERT A. CHICK,
Plaintiff-Appellant,
versus
W.K. BALDRIDGE; W.L. BAYS; HOWARD
L. SUBLETT; SHERRI ADELSTEIN,
District Clerk, 16th Judicial District,
Denton County, Texas; JIM WILLETT, SR.,
Warden,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-99-CV-173-SS
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May 10, 2000
Before POLITZ, JONES, and WIENER, Circuit Judges.
PER CURIAM:*
Former Texas state prisoner Robert A. Chick seeks leave to
appeal in forma pauperis (IFP) the district court’s dismissal
with prejudice of his 42 U.S.C. § 1983 claim based upon Heck v.
Humphrey, 512 U.S. 477 (1994). Even were Chick able to show that
Heck requirements do not bar his claim, his appeal would lack
arguable merit because it would be time-barred. See Henson-El v.
Rogers, 923 F.2d 51, 52 (5th Cir. 1991). We find that Chick’s
*
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that this opinion should not be published and is not precedent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. 99-50681
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contention that he only discovered in 1998 that fraud had been
committed in connection with his 1948 conviction to be without
arguable merit. We also find Chick’s argument that the time bar
and Heck doctrine do not apply to him because he is proceeding
under 28 U.S.C. § 1655 and/or Fed. R. Civ. P. 60 to be without
arguable merit.
Chick’s motion to supplement the record, to the extent that
it requests introduction of evidence outside the record is
DENIED. Because Chick’s appeal lacks arguable merit, it is
frivolous. Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983).
Chick’s motion to proceed IFP on appeal is therefore DENIED, and
his appeal is DISMISSED.
MOTION TO PROCEED IFP DENIED; APPEAL DISMISSED; ALL OTHER
OUTSTANDING MOTIONS DENIED.