IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-10043
Conference Calendar
DARNELL SLAUGHTER,
Plaintiff-Appellant,
versus
NFN YEAGOR, Sergeant; NFN Stevens, Lieutenant;
NFN HALL, Lieutenant; NFN YARBOROUGH, Captain;
NFN THOMAS, Major,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:99-CV-259
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August 24, 2000
Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges.
PER CURIAM:*
Darnell Slaughter, Texas prisoner No. 820164, appeals from
the district court’s dismissal with prejudice of his civil rights
complaint for failure to comply with the court’s order to pay an
initial partial filing fee pursuant to the Prison Litigation
Reform Act of 1995 (PLRA). We do not address whether the
district court should have considered the possibility of a lesser
sanction, see McNeal v. Papasan, 842 F.2d 787, 790 (5th Cir.
1988), because our review of the record, including Slaughter’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that this opinion should not be published and is not precedent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. 00-10043
-2-
complaint and his appellate brief, shows that Slaughter has
failed to allege a constitutional violation. Verbal abuse and
threats by prison guards do not violate the Constitution. Bender
v. Brumley, 1 F.3d 271, 274 n.4 (5th Cir. 1993); Lynch v.
Cannatella, 810 F.2d 1363, 1376 (5th Cir. 1987). To the extent
that Slaughter seeks relief for an allegedly wrongful
disciplinary conviction, his claims are not cognizable under
§ 1983 because he has not alleged that the disciplinary
conviction has been reversed, expunged, or otherwise declared
invalid. Edwards v. Balisok, 520 U.S. 641, 646-48 (1997); Heck
v. Humphrey, 512 U.S. 477, 486-87 (1994); see Clarke v. Stalder,
154 F.3d 186, 189 (5th Cir. 1998) (en banc), cert. denied, 525
U.S. 1151 (1999).
AFFIRMED.