Legal Opinion

Kenneth Bell v. State of Missouri

Court of Appeals for the Eighth Circuit

Decided November 5, 2007No. 07-2089Unpublished

1Opinion of the Court

[UNPUBLISHED]

2Per curiam

Missouri prisoners Kenneth Bell and Cleophus Mack appeal the district court’s 1 28 U.S.C. § 1915A(b) preservice dismissal of them 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, —U.S.-, 127 S.Ct. 1091, 1094, 166 L.Ed.2d 973 (2007) (holding § 1983 actions are characterized as personal-injury actions for purposes of determining which state statute of limitations to apply).…

3Cases cited2 opinions

  1. Wallace v. KatoSupreme Court of the United States · 2007
  2. Botten v. ShormaCourt of Appeals for the Eighth Circuit · 2006

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