Barker v. State of Mississippi, No. 06-60161 (5th Cir. 2007)

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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 January 5, 2007 Charles R. Fulbruge III Clerk No. 06-60161 Summary Calendar WILLIE NORRIS BARKER, Plaintiff-Appellant, versus STATE OF MISSISSIPPI, Defendant-Appellee. -------------------Appeal from the United States District Court for the Northern District of Mississippi USDC No. 1:06-CV-9 -------------------Before DeMOSS, STEWART, and PRADO, Circuit Judges. PER CURIAM:* Former state prisoner Willie Norris Barker appeals the dismissal with prejudice of his pro se, in forma pauperis, 42 U.S.C. § 1983 civil rights complaint as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). Barker has abandoned his district court claim that the defendants made him mentally ill. v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993). See Yohey Barker s argument that the district court erred when it dismissed his complaint with prejudice is unavailing because he has not shown that his 1979 rape conviction has been invalidated or called into * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-60161 -2question. See Heck v. Humphrey, 512 U.S. 477 (1994); Boyd v. Biggers, 31 F.3d 279, 283 (5th Cir. 1994); Stephenson v. Reno, 28 F.3d 26, 27 (5th Cir. 1994). See 5TH CIR. R. 42.2. APPEAL DISMISSED. Barker s appeal is frivolous.

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