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. 02-11040
Conference Calendar
MICHAEL DENNIS HOLGUIN,
Plaintiff-Appellant,
versus
WAYNE SALVANT, Judge; LESLIE JOHNS, Lawyer,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:02-CV-609-A
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Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Michael Holguin, Texas prisoner #0328959, appeals the
district court’s dismissal of his 42 U.S.C. § 1983 case under 28
U.S.C. § 1915A. Holguin argues, as he did in the district court,
that a state trial judge illegally imposed a sentence of
probation against Holguin and that his attorney allowed such to
occur. Holguin seeks monetary damages and release from custody.
The district court was correct to dismiss Holguin’s claims
under judicial immunity. See Krueger v. Reimer, 66 F.3d 75, 76-
*
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that this opinion should not be published and is not precedent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. 02-11040
-2-
77 (5th Cir. 1995). Also, Holguin’s claims are barred by Heck v.
Humphrey, 512 U.S. 477, 486 (1994). To the extent his civil
rights claims are construed as habeas claims, the district court
was correct for dismissing them for failure to exhaust state
remedies. See Nobles v. Johnson, 127 F.3d 409, 419-20 (5th Cir.
1997).
Holguin’s appeal lacks arguable merit and is therefore
dismissed as frivolous, which counts as one strike under 28
U.S.C. § 1915(g). See Howard v. King, 707 F.2d 215, 219-20 (5th
Cir. 1983); Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir.
1996). Holguin is warned that if he accumulates 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 under imminent danger of serious physical injury.
28 U.S.C. § 1915(g). He should review any pending appeals or
district court actions to ensure that they are not frivolous.
APPEAL DISMISSED; 28 U.S.C. § 1915(g) WARNING ISSUED.