GARRETT v. FLEMING

No. 03-1143.

362 F.3d 692 (2004)

Jonathan T. GARRETT, Plaintiff-Appellant, v. L.E. FLEMING, Warden, United States Penitentiary, Florence, Colorado; John D. Smith, and Six Unidentified Corrections Officers of the Administrative Maximum Security Unit at the United States Penitentiary, Florence, Colorado; D.B. Williams, Lt., in his individual capacity; T.B. Smith, Lt., in his individual capacity; L. Trujillo, Officer, in his individual capacity; J. Baltazar, Officer, in his individual capacity; D. Pierre II, Officer, in his individual capacity; R. Rau, Capt., in his individual capacity; and Givens, Officer (first name unknown), in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 30, 2004.


Attorney(s) appearing for the Case

Dennis W. Hartley, Dennis W. Hartley, P.C., Colorado Springs, CO, for Plaintiff-Appellant.

John W. Suthers, United States Attorney, and Kathleen L. Torres, Assistant United States Attorney, Denver, CO, for Defendants-Appellees.

Before MURPHY, ANDERSON, and TYMKOVICH, Circuit Judges.


ANDERSON, Circuit Judge.

Federal prisoner Jonathan Garrett filed this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). The district court dismissed Garrett's complaint as barred by the applicable two-year statute of limitations. On appeal, Garrett argues (1) that the district court erred by holding that his amended complaints...

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