Echols v. Thomas et al (INMATE2)

Filing 10

ORDER Overruling Mr.Echols' 6 Objection; ADOPTING 5 REPORT AND RECOMMENDATIONS; that Mr. Echols' claims challenging events which occurred in or around October 1991 are DISMISSED with prejudice pursuant to the directives of 28 U.S.C.
67; 1915(e)(2)(B)(i), as Plaintiff failed to file the complaint with regard to these allegations within the time prescribed by the applicable period of limitations; that the complaint is DISMISSED prior to service of process. Signed by Honorable Truman M. Hobbs on 10/7/2008. (cc, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION D C ECHOLS, #165 602, P l a in tif f , v. H . RANDALL THOMAS, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) OR DER O n August 29, 2008, the Magistrate Judge filed a Recommendation (Doc. # 5) to w h ic h Plaintiff DC Echols ("Mr. Echols") filed an Objection. (Doc. # 6). Upon an in d e p e n d en t and de novo review of the record, it is ORDERED as follows: 1. 2. 3. M r. Echols' Objection (Doc. # 6) is OVERRULED.1 T h e Recommendation (Doc. # 5) is ADOPTED. M r. Echols' claims challenging events which occurred in or around October 1 9 9 1 are DISMISSED with prejudice pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B)(i), as Plaintiff failed to file the complaint with regard to these a lle g a t io n s within the time prescribed by the applicable period of limitations.

CASE NO. 2:08-CV-643-TMH (WO)

The court carefully has considered Mr. Echols' objections, but concludes that they lack merit. For instance, Mr. Echols contends that his claim of actual innocence warrants equitable tolling, but this argument must fail. As aptly pointed out by the Seventh Circuit, if a claim of actual innocence "were sufficient, the statute of limitations could virtually never run for § 1983 claims by prisoners." Savory v. Lyons, 469 F.3d 667, 674 (7th Cir. 2006).

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4.

T h e complaint is DISMISSED prior to service of process.

D O N E this 7 th day of October, 2008. /s/ Truman M. Hobbs SENIOR UNITED STATES DISTRICT JUDGE

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