Randell v. Johnson
Court of Appeals for the Fifth Circuit
1Per curiam
The district court held that Tommy Randell’s 42 U.S.C. § 1983 complaint for damages was frivolous and therefore dismissed his complaint. Because we determine that the complaint fails to state a cause of action upon which relief may be granted, we affirm.
I
Randell was arrested and charged with driving while intoxicated. He alleges that he was incarcerated from September 27, 1996 until June 25, 1997 pursuant to a warrant from the Texas Board of Pardons and Paroles, but was not given credit for this time and therefore had to serve the time over again.
By June 18, 1999, the date on which he…
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