Key v. Florence Police Department

Filing 12

MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 2/8/16. (SAC )

FILED
2016 Feb-08 PM 02:08
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHWESTERN DIVISION

DEMARCUS MONTREL KEY,
Plaintiff
v.
OFFICER JEFF REDCROSS,
et al.,
Defendants

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Case No. 3:15-cv-00979-WMA-HGD

MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on December 4, 2015,
recommending that this action filed pursuant to 42 U.S.C. § 1983 be dismissed under
28 U.S.C. § 1915A(b) for failing to state a claim upon which relief may be granted.
(Doc. 10). The plaintiff filed objections to the report and recommendation. (Doc.
11). Having considered said objections, the court finds as follows.
The plaintiff objects to the application of the statute of limitations to his claims.
Statutes of limitations create “a time limit for suing in a civil case.” CTS Corp. v.
Waldburger, – U.S.–, 134 S.Ct. 2175, 182 (2014). Application of the statute of
limitations is not a discretionary matter for the court. No basis appears in the

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plaintiff’s complaint or amended complaint which would permit the court to toll the
statute. Because the court must apply the statute of limitations, and because the
statute acts a complete bar to the continuation of this action, the plaintiff’s objection
is OVERRULED.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation and the objections thereto, the court
is of the opinion that the magistrate judge’s report is due to be and is hereby is
ADOPTED and the recommendation is ACCEPTED. Accordingly, the plaintiff’s
complaint is due to be dismissed pursuant to 28 U.S.C. § 1915A(b) for failing to state
a claim upon which relief may be granted. A Final Judgment will be entered.
DATED this 8th day of February, 2016.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE

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