Baldridge v. Duvall et al

Filing 10

MEMORANDUM OPINION & ORDER: 1. The Clerk of the Court shall update the docket to reflect Baldridge's current address at the EKCC, 200 Road to Justice, West Liberty, Ky 41472. 2. Baldridge's complaint DE#1 is DISMISSED WITH PREJUDICE. 3. The Court will enter an appropriate judgment. 4. This matter is STRICKEN from the active docket. Signed by Judge Henry R. Wilhoit, Jr on 1/6/14.(KSS)cc: COR, Baldridge (via US Mail to EKCC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION AT ASHLAND

WILLIAM SHANNON BALDRIDGE,

)
)

Plaintiff,

)

V.

)
)
)

CLIFFORD DUVALL, et aI.,

)

Civil No. 0: 13-103-HRW

)

Defendants.

MEMORANDUM OPINION
AND ORDER

)

*** *** *** ***
William Shannon Baldridge is an inmate confined at the Eastern Kentucky
Correctional Complex in West Liberty, Kentucky.}

Proceeding without an

attorney, Baldridge has filed a civil rights complaint pursuant to 42 U.S.C. § 1983.
[D. E. No.1] The Court has granted Baldridge's motion to pay the filing fee in
installments by prior order. [D. E. No.4]
The Court must conduct a preliminary review of Baldridge's complaint
because he has been granted permission to pay the filing fee in installments and
because he asserts claims against government officials. 28 U.S.C. §§ 1915(e)(2),
1915A. A district court must dismiss any claim that is frivolous or malicious, fails

to state a claim upon which relief may be granted, or seeks monetary relief from a
I Baldridge was incarcerated at the Taylor County Detention Center when he filed this action,
but has since been transferred to EKCC. See http://kool.corrections.ky.govIKOOLIDetailsI7936
(last visited on December 18,2013).

defendant who is immune from such relief. McGore v. Wrigglesworth, 114 F .3d
601, 607-08 (6th Cir. 1997). The Court evaluates Baldridge's complaint under a
more lenient standard because he is not represented by an attorney. Erickson v.
Pardus, 551 U.S. 89, 94 (2007); Burton v. Jones, 321 F.3d 569, 573 (6th Cir.
2003). At this stage, the Court accepts the plaintiffs factual allegations as true,
and his legal claims are liberally construed in his favor. Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 555-56 (2007).
In his complaint, Baldridge alleges that after he was arrested on September
1, 2010, certain individuals "illegally broke into my business and stole my tools &
supplies and equipment. They went to my home and stole my clothes, appliances,
and furniture."

[D. E. No.1, p. 2] Baldridge indicated that a family member

contacted the Flatwoods Police Department and advised them of the theft, and he
advised the police that no one was authorized to remove his property except his
sister and another woman. Baldridge alleges that police chief Tom Haynes told
him that he would contact local prosecutors, but that the prosecutors have not
charged any individual in relation to the theft.

Id., p. 3. Baldridge has sued

Commonwealth's Attorney Clifford Duvall; Greenup County Assistant Prosecutor
Melvin Leonhart; Greenup County Assistant Prosecutor Meridell Malone; and
Flatwood Police Deputy Dane Smith.

[D. E. No.1, pp. 1-2] Baldridge seeks

compensatory damages for the stolen items and requests that criminal charges be

brought against those persons who took his property and the police and prosecutors
who did not charge them with crimes. Id. at 8.
Having reviewed the complaint, the Court concludes that Baldridge's claims
must be dismissed as barred by the statute of limitations.

Because 42 U.S.C.

§ 1983 does not include a statutory limitations period, federal courts apply the
most analogous statute of limitations from the state where the events occurred.
Wilson v. Garcia, 471 U.S. 261, 268-71 (1985). The events about which Baldridge
complains occurred in Kentucky; therefore, Kentucky's one-year statute of
limitations for asserting personal injuries applies. Ky. Rev. Stat. § 413.140(1)(a);
Mitchell v. Chapman, 343 F.3d 811, 825 (6th Cir. 2003); Collard v. Kentucky
Board ofNursing, 896 F .2d 179, 182 (6th Cir. 1990). Baldridge's claims accrued
when the conduct about which he complains - the failure of prosecutors to file
charges regarding the theft

occurred shortly after September 2010. Collyer v.

Darling, 98 F.3d 211, 220 (6th Cir.1996); Kelly v. Burks, 415 F.3d 558, 561 (6th
Cir. 2005). Baldridge was therefore required to file suit on or about September
2011. Because he did not file the present action until July 24, 2013, nearly three
years after the events complained of, his claims are time-barred, and must be
dismissed. Dellis v. Corr. Corp. ofAm., 257 F.3d 508,511 (6th Cir. 2001).
Accordingly, IT IS ORDERED that:

1.

The Clerk of the Court shall update the docket to reflect Baldridge's

current address at the Eastern Kentucky Correctional Complex, 200 Road to
Justice, West Liberty, Kentucky 41472.
2.

Baldridge's complaint [D. E. No.1]

IS

DISMISSED WITH

PREJUDICE.
3.

The Court will enter an appropriate judgment.

4.

This matter is STRICKEN from the active docket.

This the 6th day of January, 2014.