IN THE UNITED STATES DISTRICT COURT EASTERN DIVISION OF ARKANSAS CENTRAL DIVISION IAN BAYLEE MOYTOY PLAINTIFF V. No. 4:23-CV-01008-JM ARKANSAS DEPARTMENT OF HUMAN SERVICES, ET AL. DEFENDANTS ORDER A district court has the authority to dismiss a case sua sponte for failure to state a claim.! “Although the statute of limitations is an affirmative defense, a district court may properly dismiss an in forma pauperis complaint under

(d) when it is apparent the statute of limitations has run.” Plaintiff's § 1983 complaint asserts Eighth Amendment violations for actions that occurred between 1990 and 1992.7 Events that occurred over thirty years ago are well outside of the statute of limitations. Because Plaintiffs complaint is outside the statute of limitations, this case is DISMISSED. The motion to proceed in forma pauperis (Doc. No. 1) is MOOT. IT IS SO ORDERED this 27" day of October, 2023.

a JUDGE

'See Smith v. Boyd,

(8th Cir. 1991). *Myers v. Vogal,

(8th Cir. 1992). *Doc. No. 2 at 5.