Kenneth Bell v. State of Missouri, No. 07-2089 (8th Cir. 2007)
Annotate this CaseCourt Description: Prisoner case - prisoner civil rights. Dismissal was proper as the five- year statute of limitations applicable to plaintiffs' Section 1983 claims had expired; the dismissal is modified to a dismissal with prejudice.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 07-2089 ___________ Kenneth Bell; Cleophus Mack, Appellants, v. State of Missouri, Appellee. * * * * Appeal from the United States * District Court for the * Eastern District of Missouri. * * [UNPUBLISHED] * ___________ Submitted: October 31, 2007 Filed: November 5, 2007 ___________ Before BYE, RILEY, and MELLOY, Circuit Judges. ___________ PER CURIAM. Missouri prisoners Kenneth Bell and Cleophus Mack appeal the district court s1 28 U.S.C. § 1915A(b) preservice dismissal of their complaint. Upon de novo review, Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir. 1999) (per curiam) (standard of review), we conclude dismissal was proper because the five-year limitations period had expired. See Mo. Rev. Stat. § 516.120(4); Wallace v. Kato, 127 S. Ct. 1091, 1094 (2007) (holding § 1983 actions are characterized as personal-injury actions for purposes of determining which state statute of limitations to apply). However, we 1 The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri. modify the judgment to be with prejudice, see Botten v. Shorma, 440 F.3d 979, 98081 (8th Cir. 2006) (affirming dismissal of plaintiff s complaint with prejudice on statute of limitations grounds), and we affirm the judgment as modified. See 8th Cir. R. 47B. ______________________________ -2-
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