Glover v. TX Board of Pardons ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-20876
Summary Calendar
KENNETH GLOVER,
Plaintiff-Appellant,
versus
TEXAS BOARD OF PARDONS & PAROLES; LYNN BROWN; JUANITA GONZALEZ;
R. ROSMUS,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CV-51
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May 29, 2002
Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Kenneth Glover appeals the district court’s dismissal of his
42 U.S.C. § 1983 suit as frivolous. He argues that he is
entitled to damages for having been wrongfully placed on Super
Intensive Supervision Program (SISP) when he was released from
prison in 2000. Glover states that his parole was revoked
because he refused to comply with SISP conditions. A favorable
ruling on Glover’s claim would call into question the validity of
*
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that this opinion should not be published and is not precedent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.
No. 01-20876
-2-
the parole revocation. The district court’s determination that
Glover could not obtain relief under 42 U.S.C. § 1983 until his
parole revocation was reversed or otherwise called into question
was not an abuse of discretion. See Heck v. Humphrey, 512 U.S.
477, 486-87 (1994); Littles v. Board of Pardons and Paroles
Division, 68 F.3d 122, 123 (5th Cir. 1995); Siglar v. Hightower,
112 F.3d 191, 193 (5th Cir. 1997).
The district court’s judgment of dismissal is AFFIRMED.
Glover’s motion for injunctive relief challenging his recent
placement on Super Intensive Supervision when released in March
2002 is an issue being raised for the first time on appeal and is
DENIED.