Powell v. Maddox

Fifth Circuit

Powell v. Maddox

81 F. App'x 476

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 20, 2003

Docket03-10414

StatusUnpublished

Cited by3 cases

This text of 81 F. App'x 476 (Powell v. Maddox) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Powell v. Maddox, 81 F. App'x 476 (5th Cir. 2003).

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Opinion

PER CURIAM: *

Tony Edward Powell, former Texas inmate # 526334, appeals the dismissal of his civil rights complaint under 28 U.S.C. §§ 1915(e)(2) and 1915A for failure to state a claim for which relief could be granted. Powell’s motion to amend his brief is GRANTED.

Powell alleged that prison officials used excessive force on him in an altercation that resulted in his loss of good time credits, among other things. A prisoner attacking a disciplinary proceeding that resulted in the loss of good-time credits cannot bring a 42 U.S.C. § 1983 action seeking damages until his “conviction” in that proceeding has been expunged, reversed, or otherwise set aside. Edwards v. Balisok, 520 U.S. 641, 648, 117 S.Ct. 1584, 137 L.Ed.2d 906 (1997); Clarke v. Stalder, 154 F.3d 186, 189 (5th Cir.1998) (en banc). Powell is unable to show that his disciplinary conviction has been set aside. See Randell v. Johnson, 227 F.3d 300, 301 (5th Cir.2000).

The judgment of the district court is AFFIRMED. Powell’s motion for the appointment of counsel is DENIED. See Ulmer v. Chancellor, 691 F.2d 209, 212 (5th Cir.1982).

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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PER CURIAM: *

Tony Edward Powell, former Texas inmate # 526334, appeals the dismissal of his civil rights complaint under 28 U.S.C. §§ 1915(e)(2) and 1915A for failure to state a claim for which relief could be granted. Powell’s motion to amend his brief is GRANTED.

Powell alleged that prison officials used excessive force on him in an altercation that resulted in his loss of good time credits, among other things. A prisoner attacking a disciplinary proceeding that resulted in the loss of good-time credits cannot bring a 42 U.S.C. § 1983 action seeking damages until his “conviction” in that proceeding has been expunged, reversed, or otherwise set aside. Edwards v. Balisok, 520 U.S. 641, 648, 117 S.Ct. 1584, 137 L.Ed.2d 906 (1997); Clarke v. Stalder, 154 F.3d 186, 189 (5th Cir.1998) (en banc). Powell is unable to show that his disciplinary conviction has been set aside. See Randell v. Johnson, 227 F.3d 300, 301 (5th Cir.2000).

The judgment of the district court is AFFIRMED. Powell’s motion for the appointment of counsel is DENIED. See Ulmer v. Chancellor, 691 F.2d 209, 212 (5th Cir.1982).

*

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.

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