Murphy vs. Stewart, (5th Cir. 1999)
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* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. 99-10288 Conference Calendar WILMER MURPHY, Plaintiff-Appellant, versus RICHARD M. STEWART, Correctional Officer III; JOHN MOON, Counsel Substitute; VINCE WALKER, Captain; R.O. LAMPERT, Warden; JAMES M. DUKE, Defendants-Appellees. Appeal from the United States District Court for the Northern District of Texas USDC No. 1:98-CV-136 Decmeber 15, 1999 Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.
PER CURIAM: * Wilmer Murphy, Texas prisoner # 793893, appeals the dismissal of his 42 U.S.C. § 1983 complaint as frivolous. See 28 U.S.C. § 1915(e)(2)(B)(i). He argues that the district court did not address the real issues of his complaintthe failure to investigate false charges, refusal to call witnesses, insufficiency of evidence, and ineffective assistance of counsel.
Murphy has also filed a motion for appointment of counsel on appeal and a motion for injunctive relief to compel prison officials to return legal materials and personal property and to provide copies of his medical records. These motions are DENIED.
Murphy has failed to meet the requirements of Heck v. Humphrey , 512 U.S. 477, 486-87 (1994). See Clarke v. Stalder , 154 F.3d 186, 189 (5th Cir. 1998)(holding that Heck includes adverse rulings in prison disciplinary proceedings), cert. denied , 119 S. Ct. 1052 (1999). Murphy has failed to state a claim for retaliatory interference as well. See Johnson v. Rodriguez , 110 F.3d 299, 310 (5th Cir. 1997); Woods v. Smith , 60 F.3d 1161, 1166 (5th Cir. 1995). Accordingly, Murphy§ 1915(g). Murphy is cautioned to review any pending appeals to ensure that they do not raise frivolous issues.
APPEAL DISMISSED AS FRIVOLOUS; ALL OUTSTANDING MOTIONS DENIED; SANCTIONS WARNING ISSUED.
No. 99-10288
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This document cites
- US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 1915 - Sec. 1915. Proceedings in forma pauperis
- US Code - Title 42: The Public Health and Welfare - 42 USC 1983 - Sec. 1983. Civil action for deprivation of rights
- U.S. Supreme Court - Heck v. Humphrey, 512 U.S. 477 (1994)
- U.S. Court of Appeals for the Fifth Circuit - Daniel Johnson, Individually and on Behalf of all Present and Future Inmates of the Texas Department of Criminal Justice---Institutional Division, Plaintiff-Appellee, v. Victor Rodriguez, in His Official Capacity as Chairman, Texas Board of Pardons and Paroles, all Present and Future Members of the Texas Board of Pardons and Paroles, in Their Official Capacities; Allan B. Polunsky, in His Official Capacity as Chairman, Texas Board of Criminal Justice, and all Present and Future Members of the Texas Board of Criminal Justice in Their Official Capacities, Defendants-Appellants., 110 F.3d 299 (5th Cir. 1997)
- U.S. Court of Appeals for the Fifth Circuit - Claude E. Woods, Plaintiff-Appellee, Cross-Appellant, v. Larry Smith, Et Al., Defendants-Appellants, Cross-Appellees., 60 F.3d 1161 (5th Cir. 1995)
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