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328 F. App'x 940

Powell v. Curry

U.S. Courts of Appeals

Decided May 15, 2009

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U.S. Courts of Appeals · decided 2009-05-15

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Heck v. Humphrey

Decided 2009-05-15

PER CURIAM: *

¶1 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.

¶2 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.

¶3 AFFIRMED.

*

¶4 Pursuant to 5th Cut R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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