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Starks v. Hollier

United States Court of Appeals, Fifth Circuit
Oct 7, 2008
295 F. App'x 664 (5th Cir. 2008)

Summary

holding the same and citing Cooper

Summary of this case from Fleming v. Riehm

Opinion

No. 07-41085 Summary Calendar.

October 7, 2008.

Melvin Starks, Talladega, AL, pro se.

Appeal from the United States District Court for the Eastern District of Texas, USDC No. 1:06-CV-247.

Before REAVLEY, DAVIS, and ELROD, Circuit Judges.


Summaries of

Starks v. Hollier

United States Court of Appeals, Fifth Circuit
Oct 7, 2008
295 F. App'x 664 (5th Cir. 2008)

holding the same and citing Cooper

Summary of this case from Fleming v. Riehm

explaining that federal courts apply the general personal injury limitations period for the forum state for Bivens and section 1983 claims, which in Texas is two years

Summary of this case from Mitchell v. Mullers

stating that a Bivens action is analogous to an action under §1983 and that federal courts should apply the general personal injury limitations period and tolling provisions of the forum state to both claims

Summary of this case from Mangalvedkar v. Chousand

In Starks, a federal prisoner's claim, arising from his alleged exposure to tuberculosis accrued when he was first informed of his exposure.

Summary of this case from Ramirez v. Guterrez

stating that "[t]he statute of limitations is tolled while a prisoner fulfills 42 U.S.C. § 1997e's administrative exhaustion requirement."

Summary of this case from Daley v. Micieli
Case details for

Starks v. Hollier

Case Details

Full title:Melvin STARKS, Plaintiff-Appellant v. Unidentified HOLLIER, Nurse…

Court:United States Court of Appeals, Fifth Circuit

Date published: Oct 7, 2008

Citations

295 F. App'x 664 (5th Cir. 2008)

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Instead, the relevant case law indicates that a prisoner's cause of action accrues before his administrative…

Roberson v. Dep't of Soc. Servs.

[a]nd typically, courts look to a state's statute of limitations for personal injury torts.”) (Citing Wallace…