IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-10566
Summary Calendar
ARCHIE D. WRIGHT,
Plaintiff-Appellant,
versus
JOE SMITH, Assistant Warden,
Hutchins State Jail,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:00-CV-2605-L
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November 8, 2001
Before DeMOSS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
Archie D. Wright, Texas inmate # 203700, appeals the
dismissal of his civil rights suit under 28 U.S.C. §§ 1915A and
1915(e)(2)(b)(i). The magistrate judge correctly noted that
under Heck v. Humphrey, 512 U.S. 477, 486-87 (1994), a plaintiff
cannot recover damages under 42 U.S.C. § 1983 when the alleged
constitutional violation would render a conviction or sentence
invalid, until the conviction has been "reversed on direct
appeal, expunged by executive order, declared invalid by a state
*
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that this opinion should not be published and is not precedent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. 01-10566
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tribunal authorized to make such determination, or called into
question by a federal court's issuance of a writ of habeas
corpus." However, the period of false imprisonment of which
Wright complains does not call into question the validity of the
conviction for which he was sentenced 180 days.
Notwithstanding the district court’s error, this court can
affirm the dismissal of Wright’s suit as untimely. See Bickford
v. Int'l Speedway Corp., 654 F. 2d 1028, 1031 (5th Cir. 1981)
(reversal is inappropriate if ruling of district court can be
affirmed on any grounds, regardless whether those grounds were
used by district court). Because there is no federal statute of
limitations for § 1983 claims, district courts use the forum
state's personal injury limitations period. Moore v. McDonald,
30 F.3d 616, 620 (5th Cir. 1994). Texas' general personal injury
limitations period is two years. See Tex. Civ. Prac. & Rem. Code
Ann. S 16.003(a) (Vernon 1986). Although the Texas limitations
period applies, federal law governs when a § 1983 claim accrues,
and "[u]nder federal law, a cause of action accrues when the
plaintiff knows or has reason to know of the injury which is the
basis of the action." Gartrell v. Gaylor, 981 F.2d 254, 257 (5th
Cir. 1993). "The statute of limitations . . . begins to run when
the plaintiff is in possession of the 'critical facts that he has
been hurt and who has inflicted the injury . . . .' " Id.
Wright asserts that the false imprisonment occurred on March
25, 1998, through April 21, 1998. Thus, Wright had until April
21, 2000, to file the instant suit. His complaint is dated and
signed November 24, 2000. As such it is barred by the statute of
No. 01-10566
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limitations, and the district court’s dismissal is AFFIRMED.
Wright’s motion for the appointment of counsel is DENIED.