Morgan v. Coker ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-20300
Summary Calendar
LESLIE WILLIAM MORGAN,
Plaintiff-Appellant,
versus
MICHAEL COKER ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-96-CV-203
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August 13, 1998
Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges.
PER CURIAM:*
Leslie William Morgan, Texas prisoner # 677163, appeals the
district court’s dismissal as frivolous his claims of malpractice
and conspiracy against his counsel and subsequent grant of summary
judgment in favor of the remaining defendants in his civil rights
action under 42 U.S.C. § 1983. Morgan’s claims against all of the
defendants, including his counsel, are frivolous under Heck v.
Humphrey, 512 U.S. 477 (1994). A judgment in favor of Morgan on
his § 1983 claim would necessarily imply the invalidity of his
second conviction. See Hudson v. Hughes, 98 F.3d 868, 872-73 (5th
*
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that this opinion should not be published and is not precedent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. 97-20300
-2-
Cir. 1996); Hamilton v. Lyons, 74 F.3d 99, 103 (5th Cir. 1996);
Wells v. Bonner, 45 F.3d 90, 95 (5th Cir. 1995). Because Morgan
has not demonstrated that his second conviction has been
invalidated, his claims against the defendants are not cognizable
in a § 1983 action. Heck, 512 U.S. at 486-87.
Morgan’s appeal is without arguable merit and is frivolous.
See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Because
the appeal is frivolous, it is DISMISSED. See 5th Cir. R. 42.2.
All outstanding motions of both parties are DENIED.
Additionally, Morgan is warned that future frivolous appeals
will invite the imposition of sanctions. Morgan should review any
pending appeals to ensure that they do not raise frivolous
arguments.