IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-50123
Conference Calendar
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EUGENE SPENCER, JR.,
Plaintiff-Appellant,
versus
CHARLES T. CONAWAY ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-95-CV-967
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June 25, 1996
Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Eugene Spencer, Jr., Texas inmate #245350, appeals the
district court's dismissal, with prejudice, of his civil rights
complaint as frivolous. We have reviewed the record, the
district court's opinion, and appellant's brief and discern no
reversible error.
"[C]ivil tort actions are not appropriate vehicles for
challenging the validity of outstanding criminal judgments."
*
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that this opinion should not be published and is not precedent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. 96-50123
-2-
Heck v. Humphrey, 114 S. Ct. 2364, 2372 (1994). In order to
recover damages for harm caused by actions whose unlawfulness
would render a conviction or sentence invalid, the "plaintiff
must prove that the conviction or sentence has been reversed on
direct appeal, expunged by executive order, declared invalid by a
state tribunal authorized to make such determination, or called
into question by a federal court's issuance of a writ of habeas
corpus." Id. Spencer's claims call into question the validity
of his conviction and sentence and may not be considered in a
civil rights action under the rule in Heck because Spencer has
not demonstrated that his conviction and sentence have been
invalidated.
This appeal is frivolous and therefore is DISMISSED. See
5th Cir. R. 42.2. We caution Spencer than any additional
frivolous appeals filed by him will invite the imposition of
sanctions. To avoid sanctions, Spencer is further cautioned to
review all pending appeals to ensure that they do not raise
arguments that are frivolous because they have been previously
decided by this court.
APPEAL DISMISSED. SANCTION WARNING ISSUED.