Willis Wiley v. William Stephens, Director

Opinion

Case: 15-20145 Document: 00513437213 Page: 1 Date Filed: 03/24/2016

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15-20145 Summary Calendar

United States Court of Appeals Fifth Circuit

FILED

March 24, 2016

WILLIS FLOYD WILEY, Lyle W. Cayce

Clerk

Plaintiff-Appellant

v.

WILLIAM STEPHENS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,

Defendant-Appellee

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:15-CV-96

Before WIENER, HIGGINSON, and COSTA, Circuit Judges. PER CURIAM: * Plaintiff-Appellant Willis Floyd Wiley filed a civil right complaint under 42 U.S.C § 1983 asserting that he was held in prison beyond his release date. The district court dismissed Wiley’s claim as barred under Heck v. Humphrey, 512 U.S. 477, 487 (1994), because Wiley had not shown that his extended custody was invalid. The district court cited Randell v. Johnson, 227 F.3d 300,

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

Case: 15-20145 Document: 00513437213 Page: 2 Date Filed: 03/24/2016

No. 15-20145

301 (5th Cir. 2000), for the proposition that the Heck dismissal was appropriate notwithstanding that Wiley was no longer in custody. On appeal, Wiley has failed to show that this was error.

AFFIRMED.