Filed: Mar. 22, 2002
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-50987 Summary Calendar JOHN MORGAN WILSON, also known as Yahya Al-Tariq, Plaintiff-Appellant, versus TEXAS BOARD OF CRIMINAL JUSTICE; WAYNE SCOTT, Executive Director of Texas Department of Criminal Justice Institutional Division; GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; KENNETH GREEN, JR., Assistant Warden, A. D. Hughes Unit, also known as FNU Green; CHARLES LEE BELL, A. D. Hughes U
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-50987 Summary Calendar JOHN MORGAN WILSON, also known as Yahya Al-Tariq, Plaintiff-Appellant, versus TEXAS BOARD OF CRIMINAL JUSTICE; WAYNE SCOTT, Executive Director of Texas Department of Criminal Justice Institutional Division; GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; KENNETH GREEN, JR., Assistant Warden, A. D. Hughes Unit, also known as FNU Green; CHARLES LEE BELL, A. D. Hughes Un..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-50987
Summary Calendar
JOHN MORGAN WILSON,
also known as Yahya Al-Tariq,
Plaintiff-Appellant,
versus
TEXAS BOARD OF CRIMINAL JUSTICE; WAYNE SCOTT, Executive
Director of Texas Department of Criminal Justice Institutional
Division; GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, INSTITUTIONAL DIVISION; KENNETH GREEN, JR., Assistant
Warden, A. D. Hughes Unit, also known as FNU Green; CHARLES LEE
BELL, A. D. Hughes Unit, also known as Bell, Assistant Warden;
STEPHEN BURKETT, A. D. Hughes Unit, also known as Berkett,
Captain; GRACE KENNEDY, Unit Grievance Investigator, A. D. Hughes
Unit, also known as FNU Kennedy; BRIAN WARREN, Correctional
Officer III, A. D. Hughes Unit, also known as FNU Warren; KENNETH
HALL, Correctional Officer III, A. D. Hughes Unit; KAREN WILEY,
Mail Room Officer, A. D. Hughes Unit, also known as K. Wiley;
DEBRA BROCK, Mail Room Officer, A. D. Hughes Unit, also known as
D. Brock; JUAN HARMON, Gang Investigating Officer, A. D. Hughes
Unit, also known as FNU Harmon; STACY STOVALL, Administrative
Technician, A. D. Hughes Unit, also known as FNU Stovall; ANTHONY
PATRICK, 2nd Shift, A. D. Hughes Unit, also known as Patrick,
Sergeant; MICHAEL A. GLIMP, 2nd Shift, A. D. Hughes Unit, also
known as Unidentified Glimp, Lieutenant; ROBERT REDMOND,
Correctional Officer III, A. D. Hughes Unit, also known as
Redman,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. W-00-CV-109
--------------------
March 21, 2002
Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
*
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.
No. 01-50987
-2-
John Morgan Wilson, a/k/a Yahya Al-Tariq, a Texas prisoner
(# 259316), has filed a motion for leave to proceed in forma
pauperis (“IFP”) on appeal following the district court’s order
granting the defendants’ motion for summary judgment and
dismissing his 42 U.S.C. § 1983 complaint. By moving for IFP
status, Wilson is challenging the district court’s certification
that IFP status should not be granted on appeal because his
appeal is not taken in good faith. See Baugh v. Taylor,
117 F.3d
197, 202 (5th Cir. 1997); 28 U.S.C. § 1915(a)(3).
By failing to argue in the brief in support of his IFP
application most of the substantive claims that were set forth in
his civil rights complaint, Wilson has abandoned those claims.
See Yohey v. Collins,
985 F.2d 222, 224-25 (5th Cir. 1993). He
has preserved only two of those claims in his brief.
Wilson argues that prison officials violated his First
Amendment rights by prohibiting him from corresponding with
members of the Black Muslims or Muhammad’s Fruit of Islam.
Wilson acknowledges that the Texas Department of Criminal Justice
(“TDCJ”) does not recognize these groups as legitimate prison
organizations. Prison officials are authorized to limit
correspondence between prisoners when such limitations are
“logically connected to . . . legitimate penological objectives.”
See Turner v. Safley,
482 U.S. 78, 91 (1987). Wilson has not
demonstrated that the prohibitions at issue were not justified by
“legitimate penological interests.”
R. 47.5.4.
No. 01-50987
-3-
Wilson also asserts that he was falsely disciplined for
getting a tattoo, even though he had entered the prison system
with the tattoo. A challenge to the procedures used in a prison
disciplinary proceedings is not cognizable under 42 U.S.C. § 1983
unless the result of such proceeding has been overturned or
otherwise invalidated. See Clarke v. Stalder,
154 F.3d 186, 189
(5th Cir. 1998) (en banc); Heck v. Humphrey,
512 U.S. 477, 486-87
(1994); Edwards v. Balisok,
520 U.S. 641, 648 (1997).
Wilson has failed to show that his appeal of the district
court’s dismissal of his complaint is taken in good faith.
Accordingly, Wilson’s request for IFP status is DENIED, and his
appeal is DISMISSED as frivolous. See
Baugh, 117 F.3d at 202 &
n.24; 5TH CIR. R. 42.2.
IFP MOTION DENIED; APPEAL DISMISSED AS FRIVOLOUS.