Christopher Blackwell v. Troy Fox

Case: 13-40636 Document: 00512599664 Page: 1 Date Filed: 04/17/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 13-40636 FILED
Summary Calendar April 17, 2014
Lyle W. Cayce
Clerk
CHRISTOPHER BLACKWELL,
Plaintiff-Appellant
v.
TROY G. FOX, Parole Commissioner; JAMES HENSARLING, Parole
Commissioner; MANDATORY SUPERVISION BOARD MEMBERS,
Defendants-Appellees
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:13-CV-297
Before HIGGINBOTHAM, DENNIS, and GRAVES, Circuit Judges.
PER CURIAM: *
Christopher Blackwell, Texas prisoner # 1757862, appeals the dismissal
of his 42 U.S.C. § 1983 complaint for failure to state a claim upon which relief
can be granted. The district court concluded that Blackwell’s claim that he
was unconstitutionally denied release to mandatory supervision was barred by
Heck v. Humphrey, 512 U.S. 477 (1994). Blackwell has failed to assign as error
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-40636 Document: 00512599664 Page: 2 Date Filed: 04/17/2014
No. 13-40636
or brief the basis of the district court’s dismissal. As such, he has abandoned
review of the dismissal of his complaint for failure to state a claim. See Yohey
v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993); Brinkmann v. Dallas Cnty.,
Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987).
AFFIRMED; MOTION TO FILE SUPPLEMENTAL BRIEF GRANTED.
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