Green v. Collins, et al

No. 98-41394
-1-
* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-41394
Summary Calendar
BILLY WAYNE GREEN,
Plaintiff-Appellant,
versus
JAMES A. COLLINS, ET AL.,
Defendants,
J. BARRETT; B. ADAMS; K. SULEWSKI,
J. KITCHEN; M. JONES; LINDA WELDON;
B. WYATT; J. NIXON; K. KITCHEN;
D. HAMMER; L. LIPSCOMB; UNIDENTIFIED
ROLLO, Captain; UNIDENTIFIED BOSTIC;
D. SHANNON; ALL DEFENDANTS,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:93-CV-42
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March 17, 2000
Before REAVLEY, BARKSDALE and STEWART, Circuit Judges.
PER CURIAM:*
Billy Wayne Green, Texas prisoner # 617697, appeals from the
district court’s grant of summary judgment in favor of the
appellees. Green argues that the district court erred when it
applied Heck v. Humphrey, 512 U.S. 477 (1994), to his claims
challenging the disciplinary cases filed against him. The

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No. 98-41394
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district court did not err in applying Heck to Green’s claims
regarding the disciplinary convictions which have not been
expunged. Edwards v. Balisok, 520 U.S. 641, 648 (1997).
Green argues that Assistant Warden J. Barrett failed to
adhere to prison policies when he assigned Green to work the
number 13 medical hoe squad. The district court’s dismissal of
Green’s classification claims was not erroneous. Howard v. King,
707 F.2d 215, 219 (5th Cir. 1983).
Green argues that appellee D. Shannon was deliberately
indifferent to his serious medical needs in her investigation and
handling of his complaints. The district court did not err in
dismissing Green’s claim regarding the investigation of his
medical complaints. Farmer v. Brennan, 511 U.S. 825, 847 (1994).
Finally, Green argues that appellees K. Sulewski, Rollo, B.
Wyatt, Bostic, and Linda Weldon violated his due process rights
during his disciplinary hearings. The court did not err in
dismissing Green’s claims regarding his disciplinary hearings.
Madison v. Parker, 104 F.3d 765, 768 (5th Cir. 1997); Banuelos v.
McFarland, 41 F.3d 232, 234 (5th Cir. 1995).
AFFIRMED.

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