Gray v. Arkansas Department of Human Services

U.S. Court of Appeals for the Eighth Circuit
Gray v. Arkansas Department of Human Services, 588 F. App'x 515 (8th Cir. 2015)

Gray v. Arkansas Department of Human Services

Opinion

PER CURIAM.

Chrystal Gray appeals the district court’s 1 dismissal of her complaint as time-barred. Having carefully reviewed the record and the parties’ arguments on appeal, we conclude that Gray’s complaint did not relate back to a pleading- she filed in a separate lawsuit and that her claims were barred under the applicable statute of limitations. See Fed.R.Civ.P. 15(c) (providing for relation back under certain circumstances involving amendment of original pleading); Smithrud v. City of St. Paul, 746 F.3d 391, 395 (8th Cir.) (dismissal based on statute of limitations is reviewed de novo), cert. denied, - U.S. -, 135 S.Ct. 361, 190 L.Ed.2d 251 (2014).

Accordingly, we affirm. See 8th Cir. R. 47B.

1

. The Honorable James M. Moody, United States District Judge for the Eastern District of Arkansas, now retired.

Reference

Full Case Name
Chrystal GRAY, Plaintiff-Appellant v. ARKANSAS DEPARTMENT OF HUMAN SERVICES; John Selig, Director, DHS; Toni Bogan, Former Manager, Appeals and Hearings, Office of Chief Counsel, DHS; Sherry Middleton, Division of Volunteerism, DHS, Defendants-Appellees
Status
Unpublished