Reed v. Montgomery Wards

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-20281 Conference Calendar

STANLEY LAMAR REED, also known as Stanley Johnson,

Plaintiff-Appellant,

versus

MONTGOMERY WARDS; MAXWELL I CHUKU,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. CA-H-95-3934 - - - - - - - - - - October 23, 1996 Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:*

Stanley Lamar Reed appeals the district court’s dismissal of

his civil rights complaint pursuant to Heck v. Humphrey, 512 U.S.

477 (1994). Although not for the reasons advanced by Reed, the

district court’s dismissal of the complaint under Heck arguably

was in error. See Mackey v. Dickson, 47 F.3d 744, 746 (5th Cir.

1995)(claim of unlawful arrest, standing alone, does not

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 96-20281 - 2 -

implicate the validity of a criminal prosecution following

arrest). Nevertheless, we AFFIRM the dismissal of Reed’s

complaint because it seeks relief against private parties and

fails to allege a constitutional violation by a state actor. See

Yeager v. City of McGregor, 980 F.2d 337, 339 (5th Cir.), cert.

denied, 510 U.S. 821 (1993).

AFFIRMED.