IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-20441
Conference Calendar
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DARRYL ROBERTS,
Plaintiff-Appellant,
versus
S.O. WOODS; BEN AGUILAR;
WAYNE SCOTT, Director,
Texas Department of Criminal Justice,
Institutional Division;
Texas Department of Criminal Justice -
Institutional Division Classification Department.
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. CA-H-94-3890
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(October 19, 1995)
Before POLITZ, Chief Judge, and REAVLEY and SMITH, Circuit Judges.
PER CURIAM:*
In this 42 U.S.C. § 1983 suit, Texas prisoner Darryl Roberts
alleges that he has been denied sentence credit for time spent in
jail prior to his transfer to the Texas Department of Criminal
Justice. The district court construed the suit as challenging
*
Local Rule 47.5 provides: "The publication of opinions
that have no precedential value and merely decide particular
cases on the basis of well-settled principles of law imposes
needless expense on the public and burdens on the legal
profession." Pursuant to that Rule, the court has determined
that this opinion should not be published.
No. 95-20441
-2-
the defendants' computation of Roberts' "good time" credit and
dismissed it for failure to allege a constitutional violation.
This court may affirm the dismissal of Roberts' complaint on
grounds other than those stated by the district court. McGrew v.
Texas Bd. of Pardons & Paroles, 47 F.3d 158, 160 (5th Cir. 1995).
To proceed under § 1983, a plaintiff must prove that his
conviction or sentence has been reversed on direct appeal,
expunged by executive order, declared invalid by an authorized
state tribunal, or called into question by a federal court's
issuance of a writ of habeas corpus under 28 U.S.C. § 2254. Heck
v. Humphrey, 114 S. Ct. 2364, 2372 (1994). Heck applies to suits
challenging the computation of a prisoner's sentence. McGrew, 47
F.3d at 160-61.
Roberts does not seek to correct his sentence by a writ of
habeas corpus. His complaint is not cognizable under § 1983.
Heck, 114 S. Ct. at 2372; McGrew, 47 F.3d at 160-61.
AFFIRMED.