IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-30433
Conference Calendar
JERROD A. WILSON,
Plaintiff-Appellant,
versus
DORA RABALAIS; BURL CAIN;
RICHARD L. STALDER,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 01-CV-33
--------------------
August 21, 2001
Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges.
PER CURIAM:*
Jerrod Wilson appeals the dismissal of his 42 U.S.C. § 1983
complaint as frivolous and for failure to state a claim pursuant
to 28 U.S.C. § 1915(e)(2)(B)(i)&(ii). Wilson seeks damages and
declaratory and injunctive relief and argues that his due process
rights were violated when he was not allowed to call witnesses at
a prison disciplinary hearing that resulted in a sentence of
segregation and a loss of good-time credits. We affirm the
district court’s dismissal on other grounds. See Brown v. United
*
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that this opinion should not be published and is not precedent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. 01-30433
-2-
States, 227 F.3d 295, 297-98 (5th Cir. 2000), cert. denied, 121
S. Ct. 1098 (2001).
Wilson may not seek damages or declaratory relief based on
the procedures used in the disciplinary hearing in a 42 U.S.C.
§ 1983 action unless he can show that his “conviction” has been
overturned or otherwise declared invalid because such relief, if
granted, would necessarily imply the invalidity of his conviction
and the length of his confinement. Clarke v. Stalder, 154 F.3d
186, 189 (5th Cir. 1998)(en banc)(citing Edwards v. Balisok, 520
U.S. 641, 646 (1997)), cert. denied, 525 U.S. 1151 (1999).
Wilson has not shown that his conviction in the disciplinary
proceeding has been overturned, and, therefore, his due process
claim is not cognizable under 42 U.S.C. § 1983.
Wilson’s argument in the district court that La. Rev. Stat.
Ann. 15:1177 (West Supp. 2001) is unconstitutional was not
briefed and is therefore abandoned. Yohey v. Collins, 985 F.2d
222, 224-25 (5th Cir. 1993).
AFFIRMED.