Willis Wiley v. William Stephens, Director ( 2016 )

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
2