Taylor v. Birhunko

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT _______________

No. 96-20572 Summary Calendar _______________

EARL TAYLOR, JR.,

Plaintiff-Appellant,

VERSUS

JOHN M. BIRHUNKO, DOUG SHAVER, Judge, and DOUGLAS M. DURHAM,

Defendants-Appellees.

_________________________

Appeal from the United States District Court for the Southern District of Texas (CA-H-96-591) _________________________

December 6, 1996

Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.

PER CURIAM:*

Earl Taylor appeals the dismissal, as frivolous under 28

U.S.C. § 1915(d), of his 42 U.S.C. § 1983 prisoner's civil rights

complaint. We dismiss the appeal as frivolous.

Taylor's allegations call into question the validity of his

confinement and are barred by Heck v. Humphrey, 114 S. Ct. 2364

(1994). Moreover, the state judge is entitled to absolute

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. immunity. Accordingly, the appeal is DISMISSED as frivolous. See

5TH CIR. R. 42.2.