Sanders v. Johnson

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT May 24, 2004 Charles R. Fulbruge III Clerk No. 03-41708 Summary Calendar JEFFERY WARREN SANDERS, Plaintiff-Appellant, versus TRACY JOHNSON; SHIRLEY MEYERS; JACK MEYERS, Defendants-Appellees. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. G-01-CV-143 -------------------- Before SMITH, DeMOSS, and STEWART, Circuit Judges. PER CURIAM:* Jeffery Warren Sanders, Texas prisoner # 680206, appeals the dismissal of his pro se, in forma pauperis 42 U.S.C. § 1983 complaint. He asserts that the defendants engaged in fraud and unfair practices in filing a police report against him for a bad check charge, which resulted in his plea of nolo contendere to the offense and to a revocation of his parole. The district court did not abuse its discretion in dismissing as frivolous Sanders’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. claims, inasmuch as his allegations implicate the invalidity of his conviction and revocation, and Sanders has not demonstrated that these have been invalidated. Heck v. Humphrey, 512 U.S. 477, 487 (1994); Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997). Consequently, the judgment of the district court is AFFIRMED. 2