Murphy v. Goffery, et al

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40227
Conference Calendar
ROBERT D. MURPHY,
Plaintiff-Appellant,
versus
O. GOFFERY, Individually & In Her Official
Capacity as An Officer; JACK B. PURSLEY,
Individually & In His Official Capacity
as An Officer,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:00-CV-8
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December 13, 2000
Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Robert D. Murphy, Texas prisoner # 602729, appeals the
district court’s dismissal as frivolous of his 42 U.S.C. § 1983
complaint. See 28 U.S.C. § 1915(e)(2)(B)(i). Murphy argues that
the district court abused its discretion when it concluded that
his complaint ran afoul of the applicable statute of limitations.
Specifically, Murphy argues that he had filed a state complaint

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No. 00-40227
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for the same injury within Texas’ two-year limitations period.
See Tex. Civ. Prac. & Rem. Code Ann. § 16.003(a)(Vernon 1997).
The district court did not abuse its discretion when it
dismissed Murphy’s complaint, because he filed it in federal
court on January 3, 2000, for an injury that accrued on July 22,
1993. See Gartrell v. Gaylor, 981 F.2d 254, 256-57 (5th Cir.
1993). Murphy’s state-court cause of action did not toll the
two-year limitations period. See Rogers v. Ricane Enter., Inc.,
930 S.W.2d 157, 167 (Tex. App. 1996). Accordingly, the district
court judgment is AFFIRMED.

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