Robbins v. Wilson

Filing 5

OPINION AND ORDER: This case is DISMISSED pursuant to 28 U.S.C. § 1915A. Signed by Judge Rudy Lozano on 2/10/2015. (rmc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
STEVEN LAMONT ROBBINS,
Plaintiff,
vs.
WILLIAM WILSON,
Defendant.

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Case No. 3:15-cv-51

OPINION AND ORDER
This matter is before the Court on the Civil Rights Complaint,
filed by Steven Lamont Wilson, a pro se prisoner, on January 30,
2015 (DE #1). For the reasons set forth below, this case is
DISMISSED pursuant to 28 U.S.C. § 1915A.

BACKGROUND
Robbins alleges that, on November 29, 2012, the Defendant,
Indiana State Prison Warden William Wilson, violated his Fourteenth
Amendment Due Process rights by allowing him to be transported to
Cook County, Illinois, without following the procedures set out in
the Interstate Agreement on Detainers.

As a result, Robbins was

accidentally released from custody, which resulted in him being
labeled an “escapee, murderer, woman beater, etc.”

(DE #1, p. 7.)

Robbins seeks money damages against Warden Wilson for this section
1983 claim.

DISCUSSION
Pursuant to 28 U.S.C. § 1915A, the court must review this
prisoner complaint.

“Indiana’s two-year statute of limitations .

. . is applicable to all causes of action brought in Indiana under
42 U.S.C. § 1983.” Snodderly v. R.U.F.F. Drug Enforcement Task
Force, 239 F.3d 892, 894 (7th Cir. 2001).
arose on November 29, 2012.
2014, to file this claim.

Here, Robbins’ claim

Thus, Robbins had until November 29,
However, the complaint was not signed

until January 25, 2015, months after the statute of limitations had
expired.

Although the statute of limitations is an affirmative

defense, dismissal is appropriate where it is clear that the claim
is time barred.

Cancer Foundation, Inc. v. Cerberus Capital

Management, LP, 559 F.3d 671, 674 (7th Cir. 2009).

Because it has

clearly been more than two years since this claim arose, this case
must be dismissed.

CONCLUSION
For the reasons set forth above, this case is DISMISSED
pursuant to 28 U.S.C. § 1915A.

DATED: February 10, 2015

/s/ RUDY LOZANO, Judge
United States District Court

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