Filed: May 02, 2006
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT May 2, 2006 Charles R. Fulbruge III Clerk No. 04-41354 Summary Calendar JOHNNIE R. PROPES, Plaintiff-Appellant, versus DEBORA WOLF, Defendant-Appellee. - Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:03-CV-273 - Before SMITH, GARZA, and PRADO, Circuit Judges. PER CURIAM:* Johnnie R. Propes, Texas state prisoner number 1178904, appeals the
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT May 2, 2006 Charles R. Fulbruge III Clerk No. 04-41354 Summary Calendar JOHNNIE R. PROPES, Plaintiff-Appellant, versus DEBORA WOLF, Defendant-Appellee. - Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:03-CV-273 - Before SMITH, GARZA, and PRADO, Circuit Judges. PER CURIAM:* Johnnie R. Propes, Texas state prisoner number 1178904, appeals the d..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT May 2, 2006
Charles R. Fulbruge III
Clerk
No. 04-41354
Summary Calendar
JOHNNIE R. PROPES,
Plaintiff-Appellant,
versus
DEBORA WOLF,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:03-CV-273
--------------------
Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Johnnie R. Propes, Texas state prisoner number 1178904,
appeals the district court’s dismissal with prejudice of his pro
se, in forma pauperis, 42 U.S.C. § 1983 civil rights complaint
for failure to state a claim. Liberally construed, Propes
reiterates his claim that, on June 23, 2003, in the 366th
District Court, Officer Debora Wolf, a Plano, Texas, police
officer, knowingly falsely testified at a trial that in 1999 he
threatened her with a gun.
*
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this opinion should not be published and is not precedent except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. 04-41354
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A district court shall dismiss an IFP complaint at any time
if it determines that the complaint fails to state a claim upon
which relief may be granted. 28 U.S.C. § 1915(e)(2)(B)(ii).
Such a dismissal is reviewed de novo under the standard of FED.
R. CIV. P. 12(b)(6). Hart v. Hairston,
343 F.3d 762, 763-64 (5th
Cir. 2003).
Police officers are absolutely immune from liability for
their allegedly perjurious testimony. Enlow v. Tishomingo
County, Miss.,
962 F.2d 501, 511 (5th Cir. 1992). As such,
Propes’s claims against Officer Wolf are barred.
The district court denied Propes’s motion to supplement his
complaint with claims that challenged an unspecified conviction
and sentence. Because Propes did not contest the district
court’s ruling on appeal, he arguably has waived the right to
challenge the denial of his motion to amend. See Yohey v.
Collins,
985 F.2d 222, 224-25 (5th Cir. 1993). Assuming that
Propes’s reassertion on appeal of the claims raised in his motion
to supplement constitutes an implicit challenge to the denial of
his motion to supplement, the claims still fail as they are not
cognizable under § 1983. See Heck v. Humphrey,
512 U.S. 477, 486
(1994). Accordingly, Propes’s appeal is frivolous and therefore
is dismissed. See Howard v. King,
707 F.2d 215, 219-20 (5th Cir.
1983); 5TH CIR. R. 42.2.
In Propes v. Dretke, No. 04-50822 (5th Cir. Apr. 20, 2005),
we imposed the 28 U.S.C. § 1915(g) bar against Propes. We warn
No. 04-41354
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Propes that further filing of frivolous complaints or pleadings
may result in additional sanctions against him.
APPEAL DISMISSED; SANCTION WARNING ISSUED.