Topic
Every decision we've filed under Statute of Limitations.
The Fifth Circuit affirmed the dismissal of a pro se § 1983 complaint filed nearly thirty-five years after the underlying state conviction. The court held that the appellant forfeited new arguments regarding ongoing enforcement actions and SSI benefits by failing to raise them in the district court.
The Fifth Circuit affirmed the dismissal of a pro se plaintiff's § 1983 claims for false arrest and unlawful search, ruling that the Heck v. Humphrey bar precludes the suit because it would imply the invalidity of his underlying criminal convictions. The court also rejected the plaintiff's request for equitable tolling of the statute of limitations, finding no exceptional circumstances under Louisiana law to justify the delay.
The Eleventh Circuit affirmed the denial of a federal prisoner's motion to vacate his conviction, ruling that his statute of limitations argument lacked legal merit. Although the district court failed to address a specific timeliness claim, the appellate court determined a remand was unnecessary because the claim would fail regardless.
The Fourth Circuit denied a petition for review challenging an award of Black Lung Benefits to a retired West Virginia miner. The court upheld the lower tribunal's finding that the miner was totally disabled by pneumoconiosis and that his claim was filed within the statutory time limit.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal regarding a habeas corpus petition filed by John Cox. The court denied a certificate of appealability because the petitioner failed to show that the district court's procedural ruling was debatable.
The Fourth Circuit dismissed Arkeem H. Nellon's appeal from a district court's procedural dismissal of his habeas petition because he failed to obtain a certificate of appealability. The court independently reviewed the record and found Nellon did not make the requisite substantial showing that the procedural ruling was debatable or that his underlying claim involved a constitutional right.
The Tenth Circuit denied a certificate of appealability and dismissed Eric Fernandez's federal habeas petition because it was filed after the one-year statute of limitations expired. The court held that Fernandez failed to exercise due diligence in discovering that his counsel had not filed a necessary motion to withdraw his plea, which triggered the finality of his conviction.
The Fifth Circuit affirmed the district court's grant of summary judgment, holding that the plaintiff's insurance claims were time-barred under Michigan law. The court further ruled that the policy's choice-of-law provision selecting Michigan law was valid and enforceable.
The D.C. Circuit held that a timely motion for reconsideration by the Foreign Service Grievance Board renders the underlying order nonfinal, resetting the 180-day statute of limitations for judicial review. The court reversed the district court's dismissal of four counts challenging Board orders as time-barred while affirming the dismissal of a fifth count regarding the right to file further motions.
The Eleventh Circuit affirmed summary judgment for JetBlue Airways, holding that the plaintiff's ADA disability discrimination claim was barred by the statute of limitations. The court ruled that the denial of a mask accommodation in 2020 was a discrete act that started the clock, and the plaintiff's subsequent actions in 2022 did not restart the filing deadline.