Robledo-Valdez v. Prison Transport Services et al

Filing 3

MEMORANDUM Signed by Chief Judge Kevin H. Sharp on 1/24/17. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

CRAIG ROBLEDO-VALDEZ
Plaintiff,
v.
PRISON TRANSPORT SERVICES,
et al.
Defendants.

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No. 3:17-0158
Chief Judge Sharp

MEMORANDUM

The plaintiff, proceeding pro se, is an inmate at the Sterling Correctional Facility in Sterling,
Colorado. He brings this action pursuant to 42 U.S.C. § 1983 against Prison Transport Services, a
Tennessee company, and two John Doe employees of that company, seeking injunctive relief and
damages.
According to the complaint, a team consisting of the John Doe defendants escorted the
plaintiff from the Bexar County Jail in San Antonio, Texas to his present place of confinement. The
trip took six days. The plaintiff complains about conditions of his confinement during the trip. More
specifically, he complains about being shackled and handcuffed for the entire trip. The plaintiff also
complains that he was not allowed to shower, shave or brush his teeth. He further contends that he
was forced to eat nothing but fast food on the journey, that he was often cold, and that the John Doe
defendants assaulted him.
The complaint arrived in the Clerk’s Office on January 23, 2017. According to the complaint,

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the plaintiff’s claims arose when he was transported in 2015. Thus, it appears that this action is timebarred by the one year statute of limitations imposed upon civil rights claims brought in Tennessee.
Merriweather v. City of Memphis, 107 F.3d 396, 398 (6th Cir.1997). Nothing in the complaint
suggests that the statute should be tolled so as to permit the untimely filing of the complaint. The
Court, therefore, concludes that the plaintiff has failed to state a claim upon which relief can be
granted because this action is untimely. Dellis v. Corrections Corp. of America, 257 F.3d 508, 511
(6th Cir.2001)(sua sponte dismissal of an untimely prisoner complaint is appropriate). Under such
circumstances, the Court is obliged to dismiss the complaint. 28 U.S.C. § 1915(e)(2).
An appropriate order will be entered.

____________________________
Kevin H. Sharp
Chief District Judge

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