Barnett v. Does

Filing 9

MEMORANDUM AND ORDER ENTERED: Plaintiff is granted to and including July 31, 2017, to show cause why this matter should not be dismissed as time-barred. Signed by U.S. Senior District Judge Sam A. Crow on 07/11/17. Mailed to pro se party Brian Dale Barnett by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

BRIAN DALE BARNETT,
Plaintiff,
v.

CASE NO. 15-3177-SAC-DJW

JOHN DOE (PROFESSOR OF
JUSTICE STUDIES, FALL 2006),
et al.,
Defendants.

MEMORANDUM AND ORDER
This matter is a civil rights action filed under 42 US.C. § 1983.
Plaintiff filed this matter in the U.S. District Court for the District
of Colorado, and that court transferred the matter upon its finding
that venue was not proper in that district. Barnett v. Doe, 2015 WL
4113912 (D. Colo. Jul. 9, 2015).
Plaintiff’s claim in this matter appears to be that his right
to freedom of speech was violated by his removal from a Fort Hays State
University on-line course after he posted a comment there. This
occurred in fall 2006.
As explained in the order of transfer, a civil rights action filed
in Kansas under § 1983 is subject to a two-year limitation period.
See Brown v. Unified Sch. Dist. 501, Topeka Pub. Schs., 465 F.3d 1184,
1188 (10th Cir. 2006)(stating that relevant limitation period is
governed by K.S.A. § 60-513(a), which provides a two-year period for
bringing a claim). Plaintiff’s action concerns an event in 2006, yet
he failed to file the complaint until 2015, approximately 7 years
outside the limitation period. While equitable tolling is available
under limited circumstances, plaintiff’s amended complaint does not

allege any extraordinary circumstances as a basis for tolling.
Accordingly, the Court will direct plaintiff to show cause why
this matter should not be dismissed due to his failure to commence
this action within the limitation period. The failure to file a timely
response may result in the dismissal of this matter without additional
prior notice.
IT IS, THEREFORE, BY THE COURT ORDERED plaintiff is granted to
and including July 31, 2017, to show cause why this matter should not
be dismissed as time-barred.
IT IS SO ORDERED.
DATED:

This 11th day of July, 2017, at Topeka, Kansas.

S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge