Wilson v. Hertz Rental Car, No. 4:2019cv00774 - Document 10 (S.D. Tex. 2019)
Court Description: MEMORANDUM OPINION AND ORDER. Email sent to Manager of Three Strikes List. (Signed by Judge Sim Lake) Parties notified.(gclair, 4)
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Wilson v. Hertz Rental Car Doc. 10 United States District Court Southern District of Texas ENTERED April 22, 2019 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXA S HOUSTON DIVISION David J. Bradley, Clerk BRA NDON W IL SON , SPN #02476226, Plaintiff, CIVIL ACTION NO . H-19-0774 HERTZ RENTAL CAR , Defendant . M MOO W OPINION m ORDER The plaintiff, Brandon Wilson (SPN #02476226), has filed Complaint Violation Civil Rights under (ncomplaint/') (Docket Entry No. charges that were U .S.C . conneçtion filed against him auto 1983 criminal theft 2012. who proceeds in forma rauperis, the court required scrutinize the claims and dism iss the Complaint, in whole or in part, frivolous, malicious, relief may be granted'' it determ ines that the Complaint state claim upon which nseeks monetary relief from a defendant who is immune from such relief.'' 28 U .S.C . 5 1915A (b); see also 28 U .S .C . the 1915(e) (2) concludes After considering case must be the pleadings, dismissed for the reasons explained below . Dockets.Justia.com 1. Backcround Public records reflect that Wilson presently custody the Harris County Jail on sexual assault charges lodged against him Case No . 1557889, which pending Harris County, Texasx Invoking 42 the 183rd District Court 5 1983, Wilson now sues the Hertz Rental Car company (uHertz''), claiming that he was falsely charged with theft and making fraudulent transfer of motor vehicle after he rented a car from them in November support that claim , Wilson provides 201 1 .2 news article that dated February 2, 2012, which reports that Wilson and an associate were charged with felony theft and fraudulent transfer of a motor vehicle after renting selling State from Hertz November 2011, and then to an unsuspecting victim on Craigslist .3 records confirm charges of theft and fraudulent transfer of a motor vehicle were dism issed on 2013, after Wilson was convicted in two other cases.d Arguing that lsee Docket Sheet, available at Office of the Harris County District Clerk, located at: http ://www .hcdistrictclerk.com (last visited April 22, 2019). zcomp laint , Docket Entry No . 3Exhibit, nMissing rental car sold on Craigslist, 2 arrestedz' Docket Entry No . 8, pp . 2-3 . 4see gstatefsj Motion to Dism iss, Case Nos. 1335130 and 1335131, available at Office of the Harris County District Clerk, located at : http ://www.hcdistrictclerk.com (last visited April 22, 2019). In particular, Wilson was convicted and sentenced to four years' imprisonment for burglary of a hab itation in Case No . (continued.- ) Hert z 'As landered'' name accusing of theft, Wilson seeks false arrest x m onetary dam ages from Hertz Discussion The does reach the underlying merits of Wilson's claims because his Complaint is untimely . claims under 42 Wilson's civil rights Z 5 1983 are governed by the two-year statute of lim itations provided by Texas law . See Piotrowski v . Citv of Houston, 237 F.3d 567, 576 (5th Tex. Prac. & Rem . from Code Ann. 5 16.O03(a). This the time that his claims accrued concerning (5th allegations . See Gonzale z v . Wyatt, 1016, 1998). Federal 1aw determines when 1983. file a civil rights complaint cause of action accrues under See Smith v . Regional Transit Auth w (5th Cir. 2016). A cause F .3d action for false arrest and unlawful detention accrues when charges filed and the p laintiff detained pursuant See Wallace v . Kato, legal process . 1091, 1100 (2007); Mapes v . Bishop, 2008)(per curiam). detained pursuant F.3d 582, (5th Cir. Wilson's submissions make clear that he was legal process shortly after arrest S ...continued) 1273814 and possession 1338852 . See id . a controlled scomplaint , Docket Entry No . p. substance C a se N o . His Comp laint is dated February Thus , his claim s of false arrest are barred by the two-year statute of lim itations, which expired well before he executed his Complaint . These claims subject dismissal as legally frivolous. Gaylor, 981 F.2d 254, 256 (5th See Gartell v. 1993). Likewise, Wilson's allegations defamation do not state claim under 42 U .S .C . 1983 because claim s of libel or slander are actionable , only under state law . Post, 616 F.2d 794-95 (5th W ilson asserts To the extent that state law claim , a defam ation claim under Texas governed Prac. 1980). See Cook v . Houston one-year statute of limitations. Rem . Code 16.002 (a) See Tex . A cause of action for defamation accrues when a defamatory statement published . See San Antonio Credit Union v . O'Connor, 115 S .W .3d 82, 96 (Tex . App . San Antonio 2003, pet . denied) (citing Kellev v. Rinkle, 532 S.W .2d 1976)). Because Wilson complains about news report concerning his arrest 2012,8 claims limitations . outside the ohe-year statute additional reason , Wilson's Complaint untimely and legally frivolous. 6Exhib it, nMissing rental car sold on Craigslist , 2 arrested ,'' Docket Entry No . 8, pp . 2-3. ?Id . at BExhibit, nMissing rental Docket Entry No . 8, pp . 2-3. sold on Craigslist , 2 arrested ,'' 111. Conclusion and Order Based on the foregoing , the court ORDERS as follows : The Complaint for Violation of Civ il Rights filed by Brandon Wilson (Docket Entry No. 1) is DISMISSED with prejudice . The dismissal will count as a nstrike'' for purposes of 28 U.S .C. 5 1915 (g). The Clerk is directed to provide a copy of this Memorandum Opinion and Order to the p laintiff and to the Manager of the Three Strikes List for the Southern District of Texas at Three Strikes@tx s.uscourts .qov . SIGNED at Houston, Texas , on this 22nd day of ril, 2019 . e < SIM LAKE UN ITED STATES DISTRICT JUDGE - 5-
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