Niemann v. Smith ( 2000 )

No. 99-11275
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-11275
Summary Calendar
GREGORY C. NIEMANN,
Plaintiff-Appellant,
VERSUS
WALTER S. SMITH, JR., U.S. District Judge; JOHN PHINIZY,
Assistant U.S. Attorney; GEORGE MAYBEN, Department of Public
Safety Narcotics Investigator; HOWARD WESTMORELAND, Hamilton
County Sheriff’s Department, Investigator; JEFFREY BRZOZOWSKI,
ATF agent; RONALD HUDSON MOODY, Attorney, STAN SCHWIEGER,
Attorney,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:99-CV-994-L
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June 27, 2000
Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Gregory C. Niemann, federal prisoner # 264-68-080, appeals the
dismissal of his suit pursuant to Bivens v. Six Unknown Named
Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). The
district court did not err when it dismissed Niemann’s claims
against Judge Walter Smith and Assistant United States Attorney
John Phinizy because they are absolutely immune from liability.
Boyd v. Biggers, 31 F.3d 279, 284 (5th Cir. 1994); 28 U.S.C.
*
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that this opinion should not be published and is not precedent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. 99-11275
-2-
§ 1915A. Pursuant to Heck v. Humphrey, 512 U.S. 477 (1994),
Niemann’s claims against the remaining defendants have not accrued.
Stephenson v. Reno, 28 F.3d 26, 27-28 (5th Cir. 1994) Accordingly,
the district court did not abuse its discretion when it dismissed
those claims as frivolous. § 1915A.
The judgment of the district court is AFFIRMED.