Debry La Near v. Frances Slay, et al, No. 08-2564 (8th Cir. 2009)
Annotate this CaseCourt Description: Civil Case - Statute of Limitations. Dismissal of claims as time-barred and denial of appointment of counsel is summarily affirmed.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-2564 ___________ Debry Allyn La Near, * * Appellant, * * Appeal from the United States v. * District Court for the Eastern * District of Missouri. Frances R. Slay, Mayor for the * City of St. Louis; Board of Police * [UNPUBLISHED] Commissioners of the City of St. * Louis; Christopher Goodson, Col.; * JoAnn Freeman-Morrow, Col.; * Michael J. Quinn, Col.; Julius * Hunter, Col.; Amy Fiala, Sgt. * (Sprout) Metropolitan Police Dept. * for the City of St. Louis; John * Gregory Stempf, * * Appellees. * ___________ Submitted: October 2, 2009 Filed: October 28, 2009 ___________ Before BYE, BOWMAN, and BENTON, Circuit Judges. ___________ PER CURIAM. Debry Allyn La Near appeals the district court1 orders concluding that certain claims in her civil action were time-barred under a five-year statute of limitations, and denying her motions for appointed counsel. After carefully reviewing the record and considering La Near s arguments, we find no basis for reversal. See Phillips v. Jasper County Jail, 437 F.3d 791, 794 (8th Cir. 2006) (denial of motion for appointed counsel is reviewed for abuse of discretion); Eichenwald v. Small, 321 F.3d 733, 736 (8th Cir. 2003) (district court s application of state s statute of limitations is reviewed de novo). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Charles A. Shaw, United States District Judge for the Eastern District of Missouri. -2-
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