Sanders v. Johnson, et al

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
May 24, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-41708
Summary Calendar
JEFFERY WARREN SANDERS,
Plaintiff-Appellant,
versus
TRACY JOHNSON; SHIRLEY MEYERS; JACK MEYERS,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. G-01-CV-143
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Before SMITH, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Jeffery Warren Sanders, Texas prisoner # 680206, appeals the
dismissal of his pro se, in forma pauperis 42 U.S.C. § 1983
complaint. He asserts that the defendants engaged in fraud and
unfair practices in filing a police report against him for a bad
check charge, which resulted in his plea of nolo contendere to the
offense and to a revocation of his parole. The district court did
not abuse its discretion in dismissing as frivolous Sanders’s

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claims, inasmuch as his allegations implicate the invalidity of his
conviction and revocation, and Sanders has not demonstrated that
these have been invalidated. Heck v. Humphrey, 512 U.S. 477, 487
(1994); Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997).
Consequently, the judgment of the district court is AFFIRMED.

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