Johnny Edwards v. Elizabeth Miller

Fifth Circuit

Johnny Edwards v. Elizabeth Miller

385 F. App'x 405

CourtCourt of Appeals for the Fifth Circuit

DecidedJuly 14, 2010

Docket09-40998

StatusUnpublished

This text of 385 F. App'x 405 (Johnny Edwards v. Elizabeth Miller) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Johnny Edwards v. Elizabeth Miller, 385 F. App'x 405 (5th Cir. 2010).

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PER CURIAM: *

Johnny Edwards, Texas prisoner # 566917, appeals the dismissal of his 42 *406 U.S.C. § 1983 complaint as frivolous and for failure to state a claim on which relief may be granted because the claim was barred by the statute of limitations. Edwards alleged that prison officials acted improperly in confiscating two items of mail on February 9, 2007. That is this date on which he became aware of the facts that would give rise to the complaint. See Piotrowski v. City of Houston, 237 F.3d 567, 576 (5th Cir.2001); see also Moore v. McDonald, 30 F.3d 616, 621 (5th Cir.1994).

As was found by the district court, Edwards is entitled to 87 days of tolling from February 25, 2007, to May 23, 2007, during which his grievance proceedings were pending. See Jackson v. Johnson, 950 F.2d 263, 265 (5th Cir.1992); Holmes v. Texas A&M Univ., 145 F.3d 681, 685 (5th Cir.1998). Because he did not file his complaint within two-years plus the 87-day tolled period of February 9, 2007, the complaint was untimely filed. See Stanley v. Foster, 464 F.3d 565, 568 (5th Cir.2006). The district court did not abuse its discretion in concluding that the complaint was time-barred. See Moore, 30 F.3d at 621.

The judgment is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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PER CURIAM: *

Johnny Edwards, Texas prisoner # 566917, appeals the dismissal of his 42 *406 U.S.C. § 1983 complaint as frivolous and for failure to state a claim on which relief may be granted because the claim was barred by the statute of limitations. Edwards alleged that prison officials acted improperly in confiscating two items of mail on February 9, 2007. That is this date on which he became aware of the facts that would give rise to the complaint. See Piotrowski v. City of Houston, 237 F.3d 567, 576 (5th Cir.2001); see also Moore v. McDonald, 30 F.3d 616, 621 (5th Cir.1994).

As was found by the district court, Edwards is entitled to 87 days of tolling from February 25, 2007, to May 23, 2007, during which his grievance proceedings were pending. See Jackson v. Johnson, 950 F.2d 263, 265 (5th Cir.1992); Holmes v. Texas A&M Univ., 145 F.3d 681, 685 (5th Cir.1998). Because he did not file his complaint within two-years plus the 87-day tolled period of February 9, 2007, the complaint was untimely filed. See Stanley v. Foster, 464 F.3d 565, 568 (5th Cir.2006). The district court did not abuse its discretion in concluding that the complaint was time-barred. See Moore, 30 F.3d at 621.

The judgment is AFFIRMED.

*

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.

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385 F. App'x 405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnny-edwards-v-elizabeth-miller-ca5-2010.

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