Wendell A. Martin and Vanessa Faciane v. Marco Demma

The issue presented by this appeal is whether the statute of limitations bars a suit where the district court clerk receives the complaint within the applicable limitations period but does not formally file it until two weeks later. Because the date of receipt by the clerk, rather than the date of formal filing, governs the commencement of an action, we vacate the judgment dismissing the complaint.

I

Wendell A. Martin (“Martin”), a state prisoner, and Vanessa Faciane (“Faciane”), his fiancee, instituted an action pro se, alleging violations of the Civil Rights Act of 1871, as amended, 42 U.S.C.…