Doss v. McAlpin

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 16, 2004
Charles R. Fulbruge III
Clerk
No. 03-60826
Conference Calendar
EVAN DOSS, JR.,
Plaintiff-Appellant,
versus
RONALD MCALPIN, Office of the United States Trustee, EILEEN
SHAFFER BAILEY; UNITED STATES TRUSTEE,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:02-CV-193-WS
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Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.
PER CURIAM:*
Evan Doss, Jr., appeals the dismissal of his civil rights
complaint against Eileen Shaffer Bailey, bankruptcy trustee for
the estate of the Evan Doss, Jr., Corporation; Ronald McAlpin,
Assistant United States Trustee; and the Office of the United
States Trustee. Doss’s complaint alleged that Bailey and McAlpin
engaged in “fraud, misrepresentation, and collusion” in their
assignment of assets belonging to the bankruptcy estate of the
Evan Doss, Jr., Corporation; that they wrongfully assigned
*
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this opinion should not be published and is not precedent except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. 03-60826
-2-
certain corporate bankruptcy assets; and that their mishandling
of the corporate bankruptcy estate caused Doss to be convicted of
bankruptcy fraud.
Although the district court dismissed Doss’s complaint for
lack of standing and on grounds of res judicata, we note that
Doss’s complaint implicates the validity of his criminal
conviction and that it is, therefore, barred under Heck v.
Humphrey.** See Randell v. Johnson, 227 F.3d 300, 301 (5th Cir.
2000). We AFFIRM the dismissal of Doss’s complaint as premature
under Heck. See Bickford v. Int’l Speedway Corp., 654 F.2d 1028,
1031 (5th Cir. 1981).
As this complaint is Doss’s third attempt to litigate the
legality of the bankruptcy proceedings of the Evan Doss, Jr.,
Corporation, we WARN Doss that future meritless filings
concerning this issue will result in the imposition of sanctions.
AFFIRMED; SANCTIONS WARNING ISSUED.
**
512 U.S. 477 (1994)