Filed: Nov. 21, 2000
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-20727 Summary Calendar JESSE R. HILL, Plaintiff-Appellant, versus CHARLES BACARISS, Defendant-Appellee. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-98-CV-1970 - November 20, 2000 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Jesse R. Hill, Texas prisoner # 694559, argues that the district court erred in dismissing his 42 U.S.C. § 1983 claim for failure to state
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-20727 Summary Calendar JESSE R. HILL, Plaintiff-Appellant, versus CHARLES BACARISS, Defendant-Appellee. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-98-CV-1970 - November 20, 2000 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Jesse R. Hill, Texas prisoner # 694559, argues that the district court erred in dismissing his 42 U.S.C. § 1983 claim for failure to state a..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-20727
Summary Calendar
JESSE R. HILL,
Plaintiff-Appellant,
versus
CHARLES BACARISS,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-98-CV-1970
--------------------
November 20, 2000
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Jesse R. Hill, Texas prisoner # 694559, argues that the
district court erred in dismissing his 42 U.S.C. § 1983 claim for
failure to state a claim upon which relief may be granted. Hill
argues that he was denied his rights of access to the courts and
due process as a result of the clerk’s delay in transmitting his
state postconviction record to the Texas Court of Criminal
Appeals.
Neither Hill’s allegations nor his responses to the district
court’s request for a more definite factual statement of his
*
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that this opinion should not be published and is not precedent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. 99-20727
-2-
claims reflect that he suffered any actual prejudice as a result
of the delay in the clerk’s processing of his postconviction
application. See Chriceol v. Phillips,
169 F.3d 313, 317 (5th
Cir. 1999).
Hill’s complaint does not support a denial-of-due-process
claim because his allegations do not reflect that the delay
precluded or prejudiced Hill’s ability to present his
postconviction claims to the appellate court. Further, the
attachments to his complaint reflect that the delay was caused in
part because the state district court determined that Hill’s
claims required further factual development. Hill failed to
state a claim for a violation of his right to due process. See
Mims v. LeBlanc,
176 F.3d 280, 282 (5th Cir. 1999).
AFFIRMED.