[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
September 11, 2008
No. 08-11051 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 07-81153-CV-DMM
ARTIS ROBINSON,
Plaintiff-Appellant,
versus
M. BURNS,
Director of Health Services,
DR. SCALONE,
Dental Department Specialist,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(September 11, 2008)
Before BIRCH, DUBINA and BARKETT, Circuit Judges.
PER CURIAM:
State prisoner Artis Robinson, proceeding pro se, appeals the district court’s
sua sponte dismissal of his 42 U.S.C. § 1983 civil complaint. The court dismissed
his claim on the basis of res judicata and for failure to state a claim upon which
relief can be granted, due to the expiration of the relevant statute of limitations
period.
On appeal, Robinson submits copies of (1) the complaint he filed with the
district court in the present case, (2) his objection to summary judgment (which he
filed in the previous case, 9:05-cv-80861), and (3) grievance forms dated from
1999 to 2003 (which he filed with the Department of Corrections). He makes no
new arguments and presents no specific reasons for his appeal. Liberally
construed, his submission may be interpreted as an argument that neither res
judicata nor the statute of limitations bars his claim, as these were the district
court’s two bases for dismissing the present case. See Tannenbaum v. United
States, 148 F.3d 1262, 1263 (11th Cir. 1998) (“Pro se pleadings are held to a less
stringent standard than pleadings drafted by attorneys and will, therefore, be
liberally construed.”).
However, it is clear that res judicata bars this action and the district court
correctly found that Robinson delivered his complaint to prison officials after the
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expiration of the statute of limitations period.
AFFIRMED.
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