Gibson v. State of Texas, 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this opinion should not be published and is not precedent except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
March 7, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-11459
Summary Calendar
ANTHONY LIONEL GIBSON,
Plaintiff-Appellant,
versus
STATE OF TEXAS; DALLAS COUNTY TEXAS, BILL LONG, Clerk; JOHN
VANCE, District Attorney; MARK NANCARROW, Judge; FRED MCDANIEL,
Magistrate Judge; JOSIE MASSAR, Court Reporter; BAILIFF COURT
#204; KATI DREW; C. LEROY JOHNSON; BRUCE ANTON,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:04-CV-2309
--------------------
Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges,
PER CURIAM:*
Anthony Lionel Gibson, former Texas prisoner # 695684,
appeals from the dismissal of his 42 U.S.C. § 1983 suit, in which
he sued numerous defendants connected with his state court
conviction and subsequent state habeas proceedings. The district
court dismissed the complaint without prejudice for failure to
state a claim because the claims were barred by Heck v. Humphrey,
512 U.S. 477 (1994).

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No. 05-11459
-2-
Gibson argues that the district court erroneously applied
the Heck-bar. The thrust of Gibson’s claims is that the
defendants conspired and falsified documents in his state habeas
proceedings because they knew his incarceration was illegal,
thereby depriving him of his liberty. Gibson’s claims challenged
the validity of his incarceration, and the district court did not
err. See Heck, 512 U.S. at 486-87.
Gibson has also filed a motion to compel the court reporter
to produce a transcript of a hearing on his motion for discovery.
That motion is denied.
AFFIRMED; MOTION DENIED.

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