Armenta v. Pryor

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit

FILED
November 15, 2007
No. 06-41657
Summary Calendar Charles R. Fulbruge III
Clerk

CARLOS AVILES ARMENTA

Plaintiff-Appellant

v.

JOHN PRYOR, Correctional Officer; LIEUTENANT JEFFREY LANN;
JOHNSON, Correctional Officer

Defendants-Appellees

Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 5:06-CV-76

Before KING, DAVIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Carlos Aviles Armenta, Texas prisoner # 743688, argues that the district
court abused its discretion by dismissing his 42 U.S.C. § 1983 complaint alleging
that the defendant prison officers filed false disciplinary charges against him in
retaliation for his filing lawsuits and prison grievances.
Armenta’s allegations arguably stated claims of retaliation which are not
subject to dismissal under Heck v. Humphrey, 512 U.S. 477 (1994). See Woods

*
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should not be published and is not precedent except under the limited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. 06-41657

v. Smith, 60 F.3d 1161, 1164 (5th Cir. 1995). The district court abused its
discretion in dismissing the retaliation claims at this stage of the proceeding.
Therefore, the judgment is VACATED and the case is REMANDED to the
district court for further proceedings. We express no view on the merits.

2