Richard Martin v. Baltimore City Police, No. 15-2069 (4th Cir. 2015)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2069 RICHARD MARTIN, Plaintiff - Appellant, v. BALTIMORE CITY POLICE, Defendant - Appellee. Appeal from the United States District Court for the District of Maryland, at Greenbelt. George Jarrod Hazel, District Judge. (8:15-cv-02430-GJH) Submitted: December 15, 2015 Before GREGORY Circuit Judge. and FLOYD, Decided: Circuit Judges, December 17, 2015 and DAVIS, Senior Affirmed by unpublished per curiam opinion. Richard Martin, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Richard Martin appeals the district court’s order dismissing his civil action pursuant to 28 U.S.C. § 1915(e)(2) (2012). On For the reasons that follow, we affirm. appeal, conclusion that Martin his challenges claims were the untimely. district Martin’s court’s claims, whether brought under state law or 42 U.S.C. § 1983 (2012), were subject to, at longest, a three-year statute of limitations. See Md. Code Ann., Cts. & Jud. Proc. § 5-101 (2013) (general civil statute of limitations); Md. Code Ann., Cts. & Jud. Proc. § 5-105 (2013) (actions for assault and defamation); Owens v. Balt. City State’s Attorneys Office, 767 F.3d 379, 388 (4th Cir. 2014) (§ 1983 claims), cert. denied, 135 S. Ct. 1893 (2015). While Martin’s malicious prosecution claim has not yet accrued, this claim is barred by his inability to meet the favorable termination requirement. (Md. 2000). See Heron v. Strader, 761 A.2d 56, 59 Contrary to Martin’s assertions, the facts alleged in the complaint demonstrate that his remaining claims accrued, at the latest, by the time he was released from prison, and the limitations period was not subject to tolling. See A Soc’y Without a Name v. Virginia, 655 F.3d 342, 348 (4th Cir. 2011) (accrual under § 1983); Shailendra Kumar, P.A. v. Dhanda, 43 A.3d 1029, 1034-34, 1039-41 (Md. 2012) (discussing accrual and tolling under state law); see also Nat’l Advert. Co. v. Raleigh, 2 947 F.2d 1158, 1166-67 (4th Cir. 1991) (describing continuing violations doctrine). Finally, because Martin’s claims were properly dismissed, the district court committed no error in denying as moot Martin’s request to file electronically. Accordingly, we affirm the district court’s judgment. deny Martin’s motions to seal and to compel. oral argument adequately because presented in the the facts and materials legal before We We dispense with contentions this court are and argument would not aid the decisional process. AFFIRMED 3

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