Opinion
Civil Action No. 3:04-CV-2065-L.
October 29, 2004
ORDER
This is a pro se civil rights case brought by Plaintiff Henry M. Lewis ("Plaintiff" or "Lewis"), an inmate in the TDCJ-ID, against Dallas County, Texas. Pursuant to 28 U.S.C. § 636(b), and an order of the court in implementation thereof, this action was referred to the United States Magistrate Judge for proposed findings and recommendation. On October 1, 2004, the Findings and Recommendation of the United States Magistrate Judge were filed. The magistrate judge recommended that Plaintiff's complaint be dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2).
Plaintiff alleges that on September 15, 2000, he was kidnapped and falsely arrested by a Dallas County police officer. Pl. Complaint at 3-4. Plaintiff filed this case on September 23, 2004. The magistrate judge determined that Plaintiff's claim is barred by the applicable two-year statute of limitations.
See Ali v. Higgs, 892 F.2d 438, 439 (5th Cir. 1990) (federal civil rights action under § 1983 governed by two-year statute of limitations). The magistrate judge also determined that Plaintiff has failed to state a claim against Dallas County, Texas, because he was arrested by an employee of the City of Dallas, not the County; and a municipality may not be held vicariously liable for the actions of its employees. See Monell v. Dep't of Social Services of New York, 436 U.S. 658, 691 (1978).
Plaintiff filed objections to the magistrate judge's findings and recommendation on October 12, 2004. He contends: 1) he is not being fairly treated because legal counsel was not provided; 2) it is unfair to place a time limit on him because he has endured mental, physical and spiritual trauma which would cause any normal person to need time to recover and regain control of all their faculties; 3) the magistrate judge failed to grant him the constitutional protection to be free from forcible entry and unreasonable search and seizure; and 4) the magistrate judge is not "fairly giving me or my edivance [sic] which is official record, that I was not arrested at the time I was kidnappined [sic] no matter who they turned out to be later." Pl.'s Objection.
Having reviewed the pleadings, objections, file and record in this case, and the findings and conclusions of the magistrate judge, the court determines that the findings and conclusions are correct, and are accepted as those of the court. Plaintiff's objections are therefore overruled. Accordingly, Plaintiff's complaint is dismissed with prejudice.
It is so ordered.