Richie v. Johnson

U.S. Court of Appeals for the Fifth Circuit

Richie v. Johnson

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________

No. 98-20584 Summary Calendar _____________________

MICHAEL RICHIE,

Plaintiff-Appellant,

versus

GARY JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; CAROL VANCE; ELLEN J. HALBERT, Vice Chairwoman,

Defendants-Appellees.

Appeal from the United States District Court for the Southern District of Texas USDC No. 97-CV-1027

August 31, 1999

Before SMITH, BARKSDALE, and PARKER, Circuit Judges.

PER CURIAM:*

Michael Richie, Texas inmate # 349726, appeals pro se the

dismissal, for failure to state a claim upon which relief can be

granted, of his

42 U.S.C. § 1988

civil rights action. He contends

that his due process rights were violated when the Texas Department

of Criminal Justice refused to restore good-time credit which he

lost on return to prison after revocation of his parole. Unlike in

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

- 1 - district court, Richie does not assert that his equal protection

rights and the Ex Post Facto Clause were violated. Those claims,

therefore, are deemed abandoned. See Yohey v. Collins,

985 F.2d 222, 223-24

(5th Cir. 1993).

Because Richie lacks a constitutionally protected liberty

interest in the restoration of the good-time credit, he fails to

state a claim upon which relief may be granted. See Hallmark v.

Johnson,

118 F.3d 1073, 1079-80

(5th Cir.) cert. denied,

118 S. Ct. 576

(1997). Accordingly, the dismissal of his action is

AFFIRMED.

- 2 -

Reference

Status
Unpublished