Unreported / Non-Citable
Background
Samuel Kadyebo brought claims under 42 U.S.C. § 1983 against Centennial Court, Wallace Foy, and Tarrant County arising from the execution of a writ of possession in May 2023.
Kadyebo filed the action in August 2025. The U.S. District Court for the Northern District of Texas concluded that the suit fell outside the applicable two-year statute of limitations, granted the defendants’ motions to dismiss, and entered final judgment. Kadyebo appealed.
The Court’s Holding
The Fifth Circuit affirmed the dismissal. In a per curiam, unpublished summary-calendar opinion, the panel found no reversible error in the district court’s conclusion that Kadyebo’s § 1983 claims were untimely.
Because the claims arose from events in May 2023 and Kadyebo did not sue until August 2025, the action was filed outside the two-year limitations period.
Key Takeaways
- The Fifth Circuit upheld dismissal of Kadyebo’s § 1983 claims as time-barred.
- The claims stemmed from a May 2023 writ-of-possession execution, but the lawsuit was not filed until August 2025.
- The court issued an unpublished per curiam decision on its summary calendar.
Why It Matters
The decision underscores that § 1983 plaintiffs must file within the applicable limitations period. A complaint filed after that period may be dismissed at the pleading stage.