Owens v. Hershberger

Filing 3

MEMORANDUM. Signed by Judge Catherine C. Blake on 08/29/2014. (jb3, Deputy Clerk)(c/m 08/29/2014)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
DARNELL JOSE OWENS

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v.

CIVIL ACTION NO. CCB-14-2582
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GREGG HERSHBERGER
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MEMORANDUM
Seeking damages, self-represented plaintiff, Darnell Jose Owens filed suit against Gregg
Hershberger alleging that on November 23, 2010, while incarcerated at the Roxbury Correctional
Institution he was placed in a cell with no property or bedding. Plaintiff states that he was not
provided water in the cell and “none of [his] basic needs” were met. He indicates that he stayed
in the cell for four and a half days. (ECF No. 1 at 4; ECF No. 1-1 at 3.) Plaintiff filed an
administrative remedy request regarding the incident. On April 1, 2011, the Commissioner of
Corrections found his grievance meritorious in part but declined to award damages. (ECF No. 11 at 1.)
Accompanying the complaint is plaintiff’s motion for leave to proceed in forma pauperis,
(ECF No. 2), which will be granted. Because the plaintiff has been granted leave to proceed in
forma pauperis, this court may review the claims in the plaintiff's complaint before service of
process and dismiss the complaint sua sponte if it has no factual or legal basis. See Denton v.
Hernandez, 504 U.S. 25, 32-33 (1992); Neitzke v. Williams, 490 U.S. 319, 324, 328 (1989);
Cochran v. Morris, 73 F.3d 1310, 1314 (4th Cir. 1996); Nasim v. Warden, 64 F.3d 951, 952 (4th
Cir. 1995).

Upon review of the complaint, this court concludes that it is subject to dismissal.

“Section 1983 provides a federal cause of action, but in several respects relevant here

federal law looks to the law of the State in which the cause of action arose. This is so for the
length of the statute of limitations: It is that which the State provides for personal-injury torts.”
Wallace v. Kato, 549 U.S. 384, 387 (2007) (citing Owens v. Okure, 488 U.S. 235, 249-250
(1989); Wilson v. Garcia, 471 U.S. 261, 279-280 (1985)). In Maryland the applicable statute of
limitations is three years from the date of the occurrence. See Md. Code Ann., Cts & Jud. Proc.,
§ 5-101. Plaintiff’s allegations arise from a November 2010 incident. Plaintiff’s complaint is
dated August 9, 2014. The complaint is clearly outside the applicable statute of limitations and
shall be dismissed.
Plaintiff is hereby notified that he may be barred from filing future suits in forma
pauperis if he continues to file federal civil rights actions that are subject to dismissal for failure
to state a claim on which relief may be granted under 28 U.S.C. § 1915(e) or Fed. R. Civ. P.
12(b)(6).
A separate Order follows.

__8/29/2014______
Date

______/s/_______________________
Catherine C. Blake
United States District Judge