IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-21071
Summary Calendar
RAPHAEL FOLEY,
Plaintiff-Appellant,
versus
GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION, D. CHERRY, Warden; TEXAS DEPARTMENT OF
CRIMINAL JUSTICE, INSTITUTIONAL DIVISION,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CV-160
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June 11, 2002
Before DAVIS, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Raphael Foley, Texas state prisoner #656542, challenges the
district court’s 28 U.S.C. § 1915 dismissal as frivolous of his
pro se, in forma pauperis 42 U.S.C. § 1983 civil rights action.
Foley contends that the district court abused its discretion when
it determined that Foley’s claims were barred by Heck v.
Humphrey, 512 U.S. 477 (1994).
*
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that this opinion should not be published and is not precedent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. 01-21071
-2-
As to Foley’s arguments that call into question the issues
determined by his disciplinary proceedings, the district court
did not abuse its discretion in ordering dismissal pursuant to
Heck. See Edwards v. Balisok, 520 U.S. 641, 646-648 (1997);
Stephenson v. Reno, 28 F.3d 26, 27-28 (5th Cir. 1994). However,
the district court abused its discretion in dismissing Foley’s
retaliation claims under Heck. See Woods v. Smith, 60 F.3d 1161,
1164-66 (5th Cir. 1995). Accordingly, we remand for further
proceedings in connection with Foley’s claims that disciplinary
action and other actions were taken against him by prison
officials in retaliation for his participation in the grievance
process.
AFFIRMED IN PART, VACATED IN PART, AND REMANDED.