Tanner v. Rodriguez ( 1999 )


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  •                  IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 98-50759
    Summary Calendar
    RAY CHARLES TANNER,
    Plaintiff-Appellant,
    versus
    VICTOR RODRIGUEZ, Chairman;
    WINDELL A. ODOM,
    Defendants-Appellees.
    - - - - - - - - - -
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. A-97-CV-792-SS
    - - - - - - - - - -
    June 18, 1999
    Before JOLLY, SMITH, and WIENER, Circuit Judges.
    PER CURIAM:*
    Ray Tanner appeals, Inmate #462289, appeals the dismissal of
    his civil rights suit filed pursuant to 42 U.S.C. § 1983, for
    failure to state a cause of action.        Tanner argues that his release
    on parole under the conditions set forth in TEX. CODE CRIM. P. art.
    42.18 violated the Ex Post Facto Clause, that he is entitled to
    injunctive relief against defendant Rodriguez from future release
    *
    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    should not be published and is not precedent except under the limited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. 98-50759
    - 2 -
    from parole under article 42.18, and that he should not have been
    required to pay the supervisory fees prescribed by article 42.18.
    None of Tanner’s allegations about his release on parole
    states a claim for § 1983 relief.    Tanner’s claims that he should
    not have been required to pay a supervisory fee and that he is
    entitled to injunctive relief from application of article 42.18 to
    him in the future do not have cognizable bases under § 1983.    See
    Orellana v. Kyle, 
    65 F.3d 29
    , 32 (5th Cir. 1995); Allison v. Kyle,
    
    66 F.3d 71
    , 73 (5th Cir. 1995).     To the extent that Tanner seeks
    monetary damages for an alleged ex post facto violation leading to
    the revocation of his parole, his claims are barred by Heck v.
    Humphrey, 
    512 U.S. 477
    (1994).    See McGrew v. Texas Bd. of Pardons
    & Paroles, 
    47 F.3d 158
    , 161 (5th Cir. 1995).
    The judgment is AFFIRMED.      Tanner’s motion for injunctive
    relief from this court is DENIED.
    

Document Info

Docket Number: 98-50759

Filed Date: 6/22/1999

Precedential Status: Non-Precedential

Modified Date: 4/17/2021