Case: 13-30027       Document: 00512326222           Page: 1    Date Filed: 07/30/2013




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT  United States Court of Appeals
                                                    Fifth Circuit

                                                                              FILED
                                                                             July 30, 2013
                                     No. 13-30027
                                   Summary Calendar                          Lyle W. Cayce
                                                                                  Clerk

DAVID LYNN STAPLEMAN, also known as David Stapleton,

                                                   Plaintiff - Appellant

v.

DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS; JIMMY
LEBLANC; LIBBY TIGNER; RODNEY SLAY; BEAU HUNANDY; JEFFERY
GASPARD,

                                                   Defendants - Appellees


                   Appeal from the United States District Court
                      for the Western District of Louisiana
                             USDC No. 1:12-CV-823


Before KING, BARKSDALE, and HIGGINSON, Circuit Judges.
PER CURIAM:*
       Proceeding pro se and in forma pauperis, David Lynn Stapleman,
Louisiana prisoner # 239476, appeals the district court’s ruling his 42 U.S.C.
§ 1983 complaint, which sought monetary damages based on defendants’




       *
         Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR .
R. 47.5.4.
    Case: 13-30027     Document: 00512326222      Page: 2   Date Filed: 07/30/2013

                                  No. 13-30027

alleged deliberately refusing to calculate his sentence correctly, was frivolous
and failed to state a claim for which relief may be granted.
      No later than 9 December 2010, a commissioner of the Louisiana 19th
Judicial District Court ordered the Department of Public Safety and
Corrections to correct Stapleman’s prison records to give him credit for 18
months of a five-year sentence imposed in 1998 in Docket No. 35478. There is
no error in the court’s determining Stapleman’s claim accrued under Heck v.
Humphrey, 

, 486-87 (1994), on that date, and that the instant
complaint, filed in district court on 4 April 2012, was untimely. See Owens v.
Okure, 

, 249-50 (1989) (“[W]here state law provides multiple
statutes of limitations for personal injury actions, courts considering § 1983
claims should borrow the general or residual statute for personal injury
actions”.); Elzy v. Roberson, 

, 794-95 (5th Cir. 1989) (applying
Louisiana’s one-year prescriptive period for personal-injury actions to plaintiff’s
§ 1983 claim).     Stapleman has not established equitable tolling of the
limitations period is warranted. E.g., Cruz v. Louisiana, 

, 378 &
n.7 (5th Cir. 2008); Barber v. Emp’rs Ins. Co., 

, 464 (La. Ct. App.
2012) (if complaint is facially untimely, Louisiana law places burden on plaintiff
to establish prescription has been interrupted or suspended).
      AFFIRMED.




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