IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-31155
Conference Calendar
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VINCENT SIMMONS,
Plaintiff-Appellant,
versus
J. EDDIE KNOLL, individually
and in his official capacity
as District Attorney, Avoyelles
Parish, ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 95-CV-1318
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February 29, 1996
Before GARWOOD, JONES, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Vincent Simmons argues that the district court abused its
discretion in dismissing his complaint as frivolous based on the
prescription of his claims.
We have reviewed the record, the opinion of the district
court, and the brief, and find that the dismissal of the
complaint as frivolous should be affirmed for reasons other than
the reasons stated by the district court.
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-31155
-2-
Simmons' claims against the prosecutors and witnesses
Sharon Sanders, Karen Sanders, and Kenneth LaBorde are barred by
absolute immunity. See Graves v. Hampton, 1 F.3d 315, 317-18.
Simmons' claims against the Sheriff and deputy sheriffs, his
counsel, and any claims that he asserted against Kenneth LaBorde
and Sharon and Karen Sanders, other than in their capacity as
witnesses, were subject to dismissal pursuant to Heck v.
Humphrey, 114 S. Ct. 2364, 2373 (1994).
Simmons' motion for leave to supplement the record is
DENIED.
AFFIRMED.