Wilson v. Piper ( 2000 )

No. 99-40749
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40749
Summary Calendar
WILLIE RAY WILSON,
Plaintiff-Appellant,
versus
BUBBA PIPER, Deputy Sheriff; LEE SELF,
Deputy Sheriff; BILLY NELSON, JR.,
Deputy Sheriff; JACK MAYNARD, Jail
Administrator; BILLY NELSON, SR., Deputy
Sheriff,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:97-CV-69
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May 22, 2000
Before SMITH, BARKSDALE, and PARKER, Circuit Judges.
PER CURIAM:*
Willie Ray Wilson, Texas prisoner # 742181, appeals the
district court's summary-judgment dismissal of his 28 U.S.C.
§ 1983 complaint charging that officials of the Polk County
Sheriff Department violated his civil rights by using excessive
force against him on December 11, 1994. Wilson filed his
complaint no earlier than January 16, 1997. The district court
granted summary judgment to defendants on the basis that the
*
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that this opinion should not be published and is not precedent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. 99-40749
-2-
complaint was time-barred.
We review the grant of summary judgment de novo, applying
the same standard as that used by the district court. Melton v.
Teachers Ins. & Annuity Ass’n of America, 114 F.3d 557, 559 (5th
Cir. 1997). In Texas, the applicable personal injury limitations
period is two years. Ali v. Higgs, 892 F.2d 438, 439 (5th Cir.
1990). Thus, Wilson's complaint was time-barred as of December
11, 1996. A complaint filed by Wilson in February 1996 did not
toll the limitations period because it was dismissed for want of
prosecution; Wilson received notice of the dismissal in
sufficient time to re-file it before December 11, 1996. See
Lambert v. United States, 44 F.3d 296, 298 (5th Cir. 1995).
AFFIRMED.