GILYARD v. WALL

2003 | Cited 0 times | D. Rhode Island | March 31, 2003

Report and Recommendation

Pro se plaintiffs Sean Gilyard and Kantz LaPorte have filed a complaint together with an application to proceed in form pauperis pursuant to 28 U.S.C. § 1915. In their complaint, plaintiffs allege that in March of 1998 and in October of 1999 they were strip searched at the Intake Service Center at the Adult Correctional Institution, Cranston, Rhode Island, in violation of their Fourth Amendment rights.

Section 1915A of Title 28 of the United States Code directs the Court to review prisoner complaints before docketing or soon thereafter to identify cognizable claims or dismiss the complaint if it fails to state a claim upon which relief can be granted. 28 U.S.C. § 1915A; See also 28 U.S.C. § 1915(e)(2). Pursuant to this directive, this Court finds that the instant complaint fails to state a claim upon which relief can be granted.

In actions brought pursuant to 42 U.S.C. § 1983, federal courts borrow the forum state's personal injury statute of limitations. Owens v. Okure, 488 U.S. 235 (1989). The applicable statute of limitations in this jurisdiction is R.I. Gen.Laws 9-1-14(b), which provides for a three year limitations period. See R.I. Gen. Laws 9-1-14(b). Here, the conduct alleged in the complaint occurred, at the latest, in October of 1999. Plaintiffs, however, did not file the instant complaint until February 27, 2003, beyond the three year limitations period. Accordingly, this instant action is time barred, and should be dismissed. I so recommend.

Any objection to this Report and Recommendation must be specific and must be filed with the Clerk of Court within ten days of its receipt. Fed.R.Civ.P. 72(b); Local Rule 32. Failure to file timely, specific objections to this report constitutes waiver of both the right to review by the district court and the right to appeal the district court's decision. United States v. Valencia-Copete, 792 F.2d 4 (1st Cir. 1986) (per curiam); Park Motor Mart, Inc. v. Ford Motor Co., 616 F.2d 603 (1st Cir. 1980).

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