IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-10537 Conference Calendar

RUDY GARCIA, JR.,

Plaintiff-Appellant,

versus

GERALD GARRETT, Chairman Texas Board of Pardons/Paroles sued in his individual and official capacity; VICTOR RODRIGUEZ, Director sued in his Individual and Official Capacity; CARL JEFFERIES, Interim Director Texas Department of Criminal Justice Parole Division sued in his individual and official capacity, BRYAN COLLIER,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:01-CV-40-A - - - - - - - - - - October 26, 2001

Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Rudy Garcia, Jr., Texas prisoner # 851894, appeals from the

dismissal of his

complaint pursuant to

(e)(2) and 1915A(b). He contends that he does not fall

under Tex. Gov’t Code Ann. § 508.149’s list of inmates who are

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-10537 -2-

ineligible for mandatory supervision. He seeks injunctive relief

declaring that he is eligible for mandatory supervision.

When a state prisoner such as Garcia is challenging the very

fact or duration of his physical imprisonment, and the relief he

seeks is a determination that he is entitled to immediate release

or a speedier release from that imprisonment, his sole federal

remedy is a writ of habeas corpus. Preiser v. Rodriguez,

(1973). Accordingly, the district court did not

err in dismissing his complaint. Harris v. Hegmann,

(5th Cir. 1999). The judgment of the district court is

AFFIRMED.