Powell v. Curry

Full title: Michael A. POWELL, Plaintiff-Appellant, v. Tim CURRY; Ben Lenord; Sharon…

Court: United States Court of Appeals, Fifth Circuit

Date published: May 15, 2009

328 F. App'x 940 (5th Cir. 2009)

Opinion

No. 08-10763 Summary Calendar.

May 15, 2009.

Michael A. Powell, Iowa Park, TX, pro se.

Appeal from the United States District Court for the Northern District of Texas, No. 4:07-CV-587.

Before SMITH, STEWART, and SOUTHWICK, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Michael Powell, Texas prisoner # 1342523, appeals the dismissal of his 42 U.S.C. § 1983 action for failure to state a claim. In his suit for damages, he asserts that the defendants conspired to obtain his conviction illegally and to thwart his appeal by falsifying and altering documents and trial transcripts.

Powell contends that his suit is not barred by Heck v. Humphrey, 512 U.S. 477, 486-87,'114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), because officers of the court committed the criminal act of conspiracy, and the charges against him were unfounded. As the district court found, however, Powell's claims are barred by Heck, because he is seeking to recover damages for an allegedly unconstitutional conviction that has not been reversed on appeal or in a post-conviction proceeding. See id. at 486-87, 114 S.Ct. 2364.

AFFIRMED.