Armenta v. Pryor

Full title: Carlos Aviles ARMENTA, Plaintiff-Appellant v. John PRYOR, Correctional…

Court: United States Court of Appeals, Fifth Circuit

Date published: Nov 15, 2007

254 F. App'x 376 (5th Cir. 2007)

Opinion

No. 06-41657 Summary Calendar.

November 15, 2007.

Carlos Aviles Armenta, New Boston, TX, pro se.

Appeal from the United States District Court for the Eastern District of Texas, USDC No. 5:06-CV-76.

Before KING, DAVIS, and CLEMENT, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Carlos Aviles Armenta, Texas prisoner # 743688, argues that the district court abused its discretion by dismissing his 42 U.S.C. § 1983 complaint alleging that the defendant prison officers filed false disciplinary charges against him in retaliation for his filing lawsuits and prison grievances.

Armenta's allegations arguably stated claims of retaliation which are not subject to dismissal under Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994). See Woods v. Smith, 60 F.3d 1161, 1164 (5th Cir. 1995). The district court abused its discretion in dismissing the retaliation claims at this stage of the proceeding. Therefore, the judgment is VACATED and the case is REMANDED to the district court for further proceedings. We express no view on the merits.