Resendez v. City of Houston

PER CURIAM: *

Rudolph Resendez, Jr., Texas prisoner # 896768, appeals the dismissal of his 42 U.S.C. § 1983 action as frivolous under 28 U.S.C. § 1915(e)(2). In this action, Resendez argued that he had been illegally confined in the Harris County Jail and that, although he had been acquitted of sexual assault charges, he was being forced to serve a sentence for sexual assault based on a fabricated trial, an alias name, and a mistake regarding the real defendant’s prisoner number.

The district court held that Resendez’s claims were barred by the two-year statute of limitations applicable to §…