United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS April 22, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-41180
Conference Calendar
BOBBY TUBBS,
Plaintiff-Appellant,
versus
DIANE LAW, Secretary; LISA GONZALES,
Secretary; JANIE COCKRELL, Director,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:02-CV-137
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Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Bobby Tubbs, Texas prisoner # 743347, appeals the dismissal
of his civil rights action as frivolous and for failure to state
a claim upon which relief can be granted. He contends that the
defendants delayed in depositing a check issued to Tubbs in his
prison account. An intentional or negligent taking of a
prisoner’s property survives a due process challenge if, as here,
an adequate postdeprivation remedy exists. See Parratt v.
*
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that this opinion should not be published and is not precedent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. 02-41180
-2-
Taylor, 451 U.S. 527, 541-44 (1981), overruled in part not
relevant here, Daniels v. Williams, 474 U.S. 327 (1986); Hudson
v. Palmer, 468 U.S. 517, 533 (1984).
Tubbs also asserts that he is entitled to receive
“reasonable Pro Se legal fees” and costs as a prevailing party
under 42 U.S.C. § 1988, because his lawsuit was the “catalyst”
for receiving his money. A “prevailing party” does not include a
plaintiff who achieves his desired result because he files a
lawsuit that brings about a voluntary change in the defendant’s
conduct. See Buckhannon Bd. and Care Home, Inc. v. West Virginia
Dep’t of Health and Human Res., 532 U.S. 598, 600 (2001).
Tubbs has not shown that the district court erred in
dismissing his complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)
and (ii). See Black v. Warren, 134 F.3d 732, 733-34 (5th Cir.
1998). The judgment is therefore AFFIRMED.