United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-3388 ___________________________

Lance Gerald Milliman

Plaintiff - Appellant

v.

Howell County, Missouri; Robert David Ray, Associate Circuit Court Judge, 37th Judicial Circuit; Michael P. Hutchings, Prosecuting Attorney, Howell Co., Missouri; Bethany Hanson Turner, Public Defender, 37th Judicial District; Scott L. Nelson, Patrol Trooper, Missouri State Highway Patrol; Levi Stoops, Commercial Vehicle Inspector, Missouri Highway Patrol

Defendants - Appellees ____________

Appeal from United States District Court for the Western District of Missouri - Springfield ____________

Submitted: September 27, 2022 Filed: October 6, 2022 [Unpublished] ____________

Before LOKEN, GRUENDER, and BENTON, Circuit Judges. ____________

PER CURIAM. Lance Gerald Milliman appeals after the district court 1 dismissed his pro se 42 U.S.C. § 1983 complaint. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

This court has considered the parties’ arguments on appeal and concludes that dismissal was appropriate because the claims were time-barred under any applicable statute of limitations. See Humphrey v. Eureka Gardens Pub. Facility Bd., 891 F.3d 1079, 1081 (8th Cir. 2018) (de novo review of dismissal of claim as time-barred); Kelly v. City of Omaha, 813 F.3d 1070, 1075 (8th Cir. 2016) (de novo review of grant of motion to dismiss under Fed. R. Civ. P. 12(b)(6)); see also Mo. Rev. Stat. § 516.120 (5-year limitations period for personal injury actions); Wallace v. Kato, 549 U.S. 384, 388 (2007) (in § 1983 action, a court looks to the statute of limitations that state law provides for personal-injury torts); Sulik v. Taney Cnty., Mo., 393 F.3d 765, 767 (8th Cir. 2005) (Missouri’s five-year statute of limitations for personal injury actions applies in § 1983 claims); cf. Mo. Rev. Stat. §§ 516.130 (3-year limitations period for actions against public officers), 516.140 (2-year limitations period for, inter alia, false imprisonment).

The judgment is affirmed. See 8th Cir. R. 47B. Milliman’s pending motion for sanctions and other relief is denied as moot. ______________________________

1 The Honorable M. Douglas Harpool, United States District Judge for the Western District of Missouri.

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