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85 F. App'x 370

Ricks v. Holder

U.S. Courts of Appeals

Decided December 24, 2003

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U.S. Courts of Appeals · decided 2003-12-24

Applies 28 U.S.C. § 1915

Relies on Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Heck v. Humphrey · Siglar II v. Hightower

Decided 2003-12-24

PER CURIAM: *

¶1 John M. Ricks, a former military prisoner, challenges the district court’s dismissal as frivolous of his civil action raised under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). He contends that the district court wrongly concluded that his challenge to the extension of his prison stay by 59 days violated Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994) and that the court erred in its alternative ruling that the complaint was filed outside the two-year limitations period. He has not established that the district court abused its discretion in dismissing his suit as frivolous. See Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir.1997).

¶2 Ricks also contends that the district court improperly imposed against him a $150 filing fee pursuant to 28 U.S.C. § 1915(f), despite the fact that Ricks was no longer a prisoner. He has not established that the district court abused its discretion in imposing costs. See Moore v. McDonald, 30 F.3d 616, 621 (5th Cir.1994). The judgment of the district court is AFFIRMED.

*

¶3 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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