U.S. Court of Appeals for the Fifth Circuit, 2007

Gibson v. State of Texas

Gibson v. State of Texas
U.S. Court of Appeals for the Fifth Circuit · Decided March 7, 2007 · King, Higginbotham, Garza
221 F. App'x 352

Gibson v. State of Texas

Opinion

PER CURIAM: *

Anthony Lionel Gibson, former Texas prisoner # 695684, appeals from the dismissal of his 42 U.S.C. § 1983 suit, in which he sued numerous defendants connected with his state court conviction and subsequent state habeas proceedings. The district court dismissed the complaint without prejudice for failure to state a claim because the claims were barred by Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994).

Gibson argues that the district court erroneously applied the Heck-bar. The thrust of Gibson’s claims is that the defendants conspired and falsified documents in his state habeas proceedings because they knew his incarceration was illegal, thereby depriving him of his liberty. Gibson’s claims challenged the validity of his incarceration, and the district court did not err. See Heck, 512 U.S. at 486-87, 114 S.Ct. 2364.

Gibson has also filed a motion to compel the court reporter to produce a transcript *353 of a hearing on his motion for discovery. That motion is denied.

AFFIRMED; MOTION DENIED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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