Summary Calendar CARLOS AVILES ARMENTA v. JOHN PRYOR, Correctional Officer; LIEUTENANT JEFFREY LANN; JOHNSON, Correctional Officer

* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-41657
Summary Calendar
CARLOS AVILES ARMENTA
Plaintiff-Appellant
v.
JOHN PRYOR, Correctional Officer; LIEUTENANT JEFFREY LANN;
JOHNSON, Correctional Officer
Defendants-Appellees
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 5:06-CV-76
Before KING, DAVIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Carlos Aviles Armenta, Texas prisoner # 743688, argues that the district
court abused its discretion by dismissing his 42 U.S.C. § 1983 complaint alleging
that the defendant prison officers filed false disciplinary charges against him in
retaliation for his filing lawsuits and prison grievances.
Armenta’s allegations arguably stated claims of retaliation which are not
subject to dismissal under Heck v. Humphrey, 512 U.S. 477 (1994). See Woods
United States Court of Appeals
Fifth Circuit
F I L E D
November 15, 2007
Charles R. Fulbruge III
Clerk

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No. 06-41657
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v. Smith, 60 F.3d 1161, 1164 (5th Cir. 1995). The district court abused its
discretion in dismissing the retaliation claims at this stage of the proceeding.
Therefore, the judgment is VACATED and the case is REMANDED to the
district court for further proceedings. We express no view on the merits.

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