Filed: Sep. 01, 1999
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 98-20584 Summary Calendar _ MICHAEL RICHIE, Plaintiff-Appellant, versus GARY JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; CAROL VANCE; ELLEN J. HALBERT, Vice Chairwoman, Defendants-Appellees. Appeal from the United States District Court for the Southern District of Texas USDC No. 97-CV-1027 August 31, 1999 Before SMITH, BARKSDALE, and PARKER, Circuit Judges. PER CURIAM:* Michael Richie, Texas inmate #
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 98-20584 Summary Calendar _ MICHAEL RICHIE, Plaintiff-Appellant, versus GARY JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; CAROL VANCE; ELLEN J. HALBERT, Vice Chairwoman, Defendants-Appellees. Appeal from the United States District Court for the Southern District of Texas USDC No. 97-CV-1027 August 31, 1999 Before SMITH, BARKSDALE, and PARKER, Circuit Judges. PER CURIAM:* Michael Richie, Texas inmate # 3..
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UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 98-20584
Summary Calendar
_____________________
MICHAEL RICHIE,
Plaintiff-Appellant,
versus
GARY JOHNSON, DIRECTOR, TEXAS DEPARTMENT
OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; CAROL
VANCE; ELLEN J. HALBERT, Vice Chairwoman,
Defendants-Appellees.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 97-CV-1027
August 31, 1999
Before SMITH, BARKSDALE, and PARKER, Circuit Judges.
PER CURIAM:*
Michael Richie, Texas inmate # 349726, appeals pro se the
dismissal, for failure to state a claim upon which relief can be
granted, of his 42 U.S.C. ยง 1988 civil rights action. He contends
that his due process rights were violated when the Texas Department
of Criminal Justice refused to restore good-time credit which he
lost on return to prison after revocation of his parole. Unlike in
*
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this opinion should not be published and is not precedent except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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district court, Richie does not assert that his equal protection
rights and the Ex Post Facto Clause were violated. Those claims,
therefore, are deemed abandoned. See Yohey v. Collins,
985 F.2d
222, 223-24 (5th Cir. 1993).
Because Richie lacks a constitutionally protected liberty
interest in the restoration of the good-time credit, he fails to
state a claim upon which relief may be granted. See Hallmark v.
Johnson,
118 F.3d 1073, 1079-80 (5th Cir.) cert. denied,
118 S. Ct.
576 (1997). Accordingly, the dismissal of his action is
AFFIRMED.
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