Richard Lawler v. Ms Department of Corrections, Et

Case: 10-60975 Document: 00511651077 Page: 1 Date Filed: 11/01/2011

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit

FILED
November 1, 2011
No. 10-60975
Summary Calendar Lyle W. Cayce
Clerk

RICHARD DONALD LAWLER,

Plaintiff - Appellant

MISSISSIPPI DEPARTMENT OF CORRECTIONS; LUTHER THAXTON,
Individually and in his official capacity; CHRISTOPHER EPPS,

Defendants - Appellees

Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:09-CV-135

Before BARKSDALE, STEWART, and PRADO, Circuit Judges.
PER CURIAM:*
Richard Donald Lawler, Mississippi prisoner # 54271, proceeding pro se
in this 42 U.S.C. § 1983 action, challenges its dismissal for untimeliness. (Two
other defendants, the Mississippi Department of Corrections and Christopher
Epps, were dismissed in district court pursuant to Lawler’s voluntary motion for
dismissal. He has not challenged that dismissal, but they filed briefs here in 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Case: 10-60975 Document: 00511651077 Page: 2 Date Filed: 11/01/2011

No. 10-60975

abundance of caution.) Such a dismissal is reviewed de novo. E.g.,
Sanders-Burns v. City of Plano, 594 F.3d 366, 372 (5th Cir. 2010).
Lawler contends this action is not untimely because it should be
considered filed in October 2006, when he filed a complaint concerning the same
acts. The October 2006 complaint, which was dismissed without prejudice, “has
no legal effect” and is not a factor in the timeliness equation. Dawson Farms,
LLC v. Farm Serv. Agency, 504 F.3d 592, 601 (5th Cir. 2007).
Congress has not provided a limitations period for § 1983 actions.
Therefore, in those actions, federal courts are to borrow the general personal-
injury limitations period of the forum state. E.g., Cuvillier v. Taylor, 503 F.3d
397, 401 (5th Cir. 2007). In Mississippi, the general personal-injury statute of
limitations is three years. See Walker v. Epps, 550 F.3d 407, 415 (5th Cir. 2008).
The action at hand was filed more than three years after Lawler’s claim
accrued, and he has not shown he is entitled to equitable tolling or any other
tolling provision. See Peavey Elec. Corp. v. Baan U.S.A., Inc., 10 So. 3d 945, 953-
54 (Miss. Ct. App. 2009).
AFFIRMED.