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Senator Edward Kennedy — Part 25
Page 87
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action in previous cases, plaintiff’s complaint will be dismissed
under the doctrine of res judicata.
Finally, to the extent that plaintiff’s allegations center
around his 1976 conviction, the statute of limitations has run on
plaintiff’s claims. Plaintiff’s complaint, construed. to be an
action in the nature of Bivens v. Six Unknown Named Agents, 403
U.S. 388 (1971), is subject to a five year statute of limitations.
See e.g., Wilson v. Garcia, 471 U.S. 261, 269-70 (1985); McSurely
v. Hutchison, 823 F.2d 1002, 1005 (6th Cir. 1987), cert. denied,
485 U.S. 934 (1988) (holding that because Bivens actions are
analogous to those brought under § 1983, they are governed by the
same statute of limitations) ; Chandler v. Presiding Judge, 838 F.2d
977 (8th Cir. 1988); Mo. Rev. Stat. § 516.120. In as much as
plaintiff’s complaint alleges violations of his civil rights with
respect to his 1976 conviction, his claims are barred by the
applicable statute of limitations.
Accordingly, it is ORDERED that defendants’ motions to dismiss
are GRANTED. It is further ORDERED that plaintiff’s action is
dismissed with prejudice for failure to state. a claim upon which
relief may be granted. It is further ORDERED that all other
pending motions are denied as moot.
Dated: ya
Kansas City, Missouri
11
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