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Blount v. City of Beaumont

United States District Court, Fifth Circuit

January 14, 2014

ERIC ARNOLD BLOUNT
v.
CITY OF BEAUMONT, ET AL

ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

RON CLARK, District Judge.

Plaintiff Eric Arnold Blount, proceeding pro se and in forma pauperis, brought the abovestyled lawsuit against the City of Beaumont, Sharae N. Bassett, and Thomas Baker.[1]

The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge recommends this action be dismissed as frivolous and for failing to state a claim upon which relief may be granted.

The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record and pleadings. Plaintiff filed objections to the Magistrate Judge's Report and Recommendation. This requires a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b).

After careful consideration, the court concludes plaintiff's objections are without merit. For the reasons set forth in the Report, plaintiff's claims are barred by Heck v. Humphrey, 512 U.S. 477, 486-87 (1994).

Alternatively, plaintiff's claims are barred by the applicable two year statute of limitations. On page three of his complaint in this action, plaintiff stated he had previously filed another lawsuit dealing with the same facts involved in this action. As detailed in his previous complaint filed against Officer Baker, the incidents concerning plaintiff's search by police and subsequent arrest occurred on July 9, 2010. See Blount v. Baker, 1:12cv239 (E.D. Tex. Feb. 13, 2013). Thus, this action, filed on April 2, 2013, is barred by the two year statute of limitations. See Price v. City of San Antonio, 431 F.3d 890, 892 (5th Cir. 2005) (noting that the limitations period for a ยง 1983 claim is the same as for personal injury actions in the forum state, which in Texas is two years).

ORDER

Accordingly, plaintiff's objections are OVERRULED. The findings of fact and conclusions of law of the Magistrate Judge are correct and the report of the Magistrate Judge is ADOPTED. A final judgment will be entered in this ...


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