Asif vs. Scott, (5th Cir. 2000)
Linked as:
Text
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .
R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 00-20394 Conference Calendar MOHAMMAD MUNIR ASIF, Plaintiff-Appellant, versus WAYNE SCOTT, Executive Director, Texas Department of Criminal Justice; MELINDA BOZARTH, Defendants-Appellees. Appeal from the United States District Court for the Southern District of Texas USDC No. H-98-CV-1063 December 13, 2000 Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM: * Mohammad Munir Asif, Texas prisoner # 678395, challenges the district courtÂ’s dismissal of his civil rights action under Heck v. Humphrey , 512 U.S. 477 (1994). He first contends that because he is challenging the defendantsÂ’ failure to release him to mandatory supervision, rather than his actual conviction, Heck does not apply. Heck is implicated by an action attacking the viability of probation or parole proceedings. See McGrew v. Texas Bd. of Pardons & Paroles , 47 F.3d 158, 160 (5th Cir. 1995).
Asif also asserts that because Texas courts have routinely overturned similar actions by the Board of Pardons and Paroles, he has met the Heck standard. He has failed to show, however, that his denial of mandatory supervision has been reversed, expunged, declared invalid, or called into question.
Consequently, the district courtÂ’s decision is AFFIRMED.
No. 00-20394
Sponsored links
This document cites
- U.S. Court of Appeals for the Fifth Circuit - William Steve Mcgrew, Plaintiff-Appellant, v. Texas Board of Pardons & Paroles, Et Al., Defendants-Appellees. No. 94-10674. Summary Calendar., 47 F.3d 158 (5th Cir. 1995)
- U.S. Supreme Court - Heck v. Humphrey, 512 U.S. 477 (1994)
See other documents that cite the same legislation
