Riveras v. Markum ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-50985
Summary Calendar
INA FAYE RIVERAS,
Plaintiff-Appellant,
versus
JACK MARKUM; RANDY BLAND;
KAREN BROWN; SYLVIA NANCE,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Western District of Texas
(W-00-CV-277)
--------------------
May 30, 2002
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Plaintiff-Appellant Ina Faye Riveras, Texas prisoner # 591789,
appeals the dismissal of her 42 U.S.C. § 1983 complaint against the
Defendants-Appellees for failure to state a claim. Asserting that
she was entitled to summary judgment, Riveras contends that the
district court should have exercised supplemental jurisdiction over
her state-law tort claim grounded in intentional infliction of
emotional distress, and that her claim for the defendants’
*
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that this opinion should not be published and is not precedent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. 01-50985
-2-
confiscation of her property constitutes an issue of constitutional
magnitude. Riveras contends that her claims were properly raised
in a § 1983 suit and that the district court should have granted
her requested injunctive remedy of expunging the disciplinary
convictions.
We have conducted a de novo review of the record and conclude
that Riveras’ factual allegations, even if accepted as true, are
insufficient to maintain a claim for § 1983 relief. See Heck v.
Humphrey, 512 U.S. 477, 486-87 (1994); Green v. Polunsky, 229 F.3d
486, 488 (5th Cir. 2000); Moore v. Carwell, 168 F.3d 234, 236 (5th
Cir. 1999); Clarke v. Stalder, 154 F.3d 186, 189 (5th Cir. 1998)(en
banc); Murphy v. Collins, 26 F.3d 541, 543 (5th Cir. 1994); Noble
v. White, 996 F.2d 797, 799 (5th Cir. 1993).
AFFIRMED.
S:\OPINIONS\UNPUB\01\01-50985.0.wpd
4/29/04 7:00 pm
2