Robert James Lee, Texas prisoner # 1094546, appeals the dismissal of his 42 U.S.C. § 1983 complaint as untimely filed and frivolous, and for failure to state a claim upon which relief may be granted.1 Lee seeks the removal of a 2003 notation in his prison records indicating that he once took part in an escape plot. He says the entry of the notation — a “security precaution designator” — violates his constitutional rights because he was not afforded a disciplinary hearing.

By his own admission, Lee first learned of the existence of the escape notation in his record at a classification hearing on August 14, 2003. It was on this date, then, that he became aware of the facts that might ultimately support a claim.2 Yet Lee filed this federal complaint on June 14, 2008, well after the two-year statute of limitations had run.3 He puts forth no legitimate reason to excuse this tardiness so we find his lawsuit time-barred.4 And at any rate, Lee’s alleged injuries do not implicate the deprivation of a constitutional right.5 We AFFIRM the district court’s dismissal of Lee’s § 1983 action.

That said, Lee is entitled to a partial refund of the fee incurred in filing this lawsuit in the district court: according to our math, he overpaid. We VACATE the district court’s judgment denying a refund, and DIRECT that court’s clerk to refund any overpayment.