Robert Lovett v. Walter S. Ray, Chairman, Georgia State Board of Pardons and Paroles
Robert LOVETT, Plaintiff-Appellant, v. Walter S. RAY, Chairman, Georgia State Board of Pardons and Paroles, Defendants-Appellees
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion
PER CURIAM:
Robert Lovett, a state prisoner, filed a 42 U.S.C. § 1983 complaint, alleging that the defendants violated his constitutional right against ex post facto laws by changing the frequency of his parole consideration under a newly enacted law. The district court dismissed his complaint as time barred, and he now appeals pro se.
We affirm.
“We independently review the district court’s ruling concerning the applicable statute of limitations.”
Uboh v. Reno, 141 F.3d 1000, 1002 (11th Cir.1998). “Federal courts apply their forum state’s statute of limitations for personal injury actions to actions brought pursuant to 42 U.S.C. § 1983 .”
Id.
Federal law determines when the statute of limitations begins to run.
Rozar v. Mullís, 85 F.3d 556 , 561 (11th Cir.1996). Generally, “the statute of limitations does not begin to run until the facts which would support a cause of action are apparent or should be apparent to a person with a reasonably prudent regard for his rights.”
Id.
at 561-62 (internal marks omitted).
Georgia’s statute of limitations is two years.
Thigpen v. Bibb County, Ga., Sheriffs Dep’t, 223 F.3d 1231, 1243 (11th Cir.2000). Lott was notified by the defendants in September 1998 that he would not be reconsidered for parole until 2006. As of that time he knew, or should have known, all of the facts necessary to pursue a cause of action, but he did not file his complaint until August 10, 2001, more than *1183 two years later. Therefore, his claim was untimely.
Lott contends his complaint should not be time barred under the continuing violation doctrine. “The critical distinction in the continuing violation analysis ... is whether the plaintiff[ ] complaints] of the present consequence of a one time violation, which does not extend the limitations period, or the continuation of that violation into the present, which does.”
Knight v. Columbus, Ga., 19 F.3d 579, 580-81 (11th Cir.1994) (internal marks omitted). Here, the defendants’ act (deciding not to consider Lovett for parole again until 2006) was a one time act with continued consequences, and the limitations period is not extended.
Lovett’s final argument is that the untimeliness of his complaint should be excused. He states that he filed his complaint in 2000 but that it was not docketed until later because of delays in the processing of his in forma pauperis paperwork. Because he raises that argument for the first time in his reply brief, it is not properly before us.
Walker v. Jones, 10 F.3d 1569, 1572 (11th Cir.1994). Further, the only evidence regarding Lovett’s alleged 2000 complaint is an exhibit to his reply brief, which appears to be from a different case because it contains a different docket number.
AFFIRMED.
How later courts describe this case
Explanatory parentheticals written by citing courts — 31 in all; the most informative distinct ones are shown.
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(holding that the statute of limitations for bringing § 1983 claims in Georgia is two years)
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(holding that Georgia’s two-year statute of limitations for personal injury actions applies to § 1983 suits filed in Georgia.)
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(holding that statute began to run when plaintiff was notified by the defendants in September 1998 that he would not be reconsidered for parole until 2006)
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(holding that continuing violation doctrine did not apply to parole board’s decision to change plaintiff’s parole reconsideration date because decision was one-time act with continuing consequences and, therefore, limitations period was not extended)
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(holding that “[f]ederal law determines when the statute of limitations begins to run.”)
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(holding that a party waives arguments not made in initial appellate brief)
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(concluding that a prisoner informed in 1998 that he would not be reconsidered for parole until 2006 “knew, or should have known, all the facts necessary to pursue a cause of action” at that time)
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(noting that, in § 1983 cases, federal courts apply the state’s statute of limitations for personal injury actions)
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