United States District Court, S.D. Mississippi, Southern Division
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO
GUIROLA, JR. UNITED STATES DISTRICT JUDGE.
THE COURT is the  Motion to Dismiss filed by Defendant
Navient Solutions, LLC. The Motion argues that
Plaintiff's claims are barred by the applicable statutes
of limitations and that she otherwise fails to state a claim
for which relief may be granted. Although the motion is fully
briefed, Plaintiff's response does not address the merits
of Defendants' Motion, instead requesting that this Court
deny the motion because the case should be set for trial.
Having considered the submissions of the parties, the record,
and relevant law, the Court concludes that Defendant's
Motion to Dismiss should be granted because Plaintiff's
claims are time-barred.
Jemika Robin Williams, who proceeds pro se, filed
her Complaint in the Justice Court of Pearl River County,
Mississippi on November 19, 2018. Williams alleges that
Defendant contacted her on May 10, 2006 in an attempt to
collect on student loan debt she says was erroneously
attributed to her because she was the victim of identity
theft. She says that she has provided information to
Defendant to prove that she had been the victim of identity
theft because the signature on the promissory note Defendant
provided to her was not hers. She claims that Defendants'
contacts with her attempting to collect on this debt
constitutes defamation, the negligent enablement of identity
fraud, and a violation of section 807(8) of the Fair Debt
Collection Practices Act (“FDCPA”), 15 U.S.C.
§ 1692e(8). Defendant removed the case to federal
district court on the basis of federal question jurisdiction
on December 21, 2018. On January 11, 2018, Defendant filed
the instant Motion to Dismiss.
Motion to Dismiss Standard
survive a motion to dismiss pursuant to Rule 12(b)(6),
“a complaint must contain sufficient factual matter,
accepted as true, to ‘state a claim to relief that is
plausible on its face.'” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl.
Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A claim is
facially plausible “when the plaintiff pleads factual
content that allows the court to draw the reasonable
inference that the defendant is liable for the misconduct
deciding a Rule 12(b)(6) motion to dismiss, the Court accepts
all well pleaded facts as true and views them in the light
most favorable to Plaintiff. New Orleans City v. Ambac
Assur. Corp., 815 F.3d 196, 199 (5th Cir. 2016). But
“the complaint must allege more than labels and
conclusions, a formulaic recitation of the elements of a
cause of action will not do, and factual allegations must be
enough to raise a right to relief above the speculative
level.” Jabaco, Inc. v. Harrah's Operating Co.,
Inc., 587 F.3d 314, 318 (5th Cir. 2009). “While
legal conclusions can provide the complaint's framework,
they must be supported by factual allegations.”
Iqbal, 556 U.S. at 664. “Threadbare recitals
of the elements of a cause of action, supported by mere
conclusory statements, do not suffice.” Id. at
alleged conduct that is the basis for this lawsuit occurred
on May 10, 2006. Plaintiff filed this lawsuit on November 19,
2018, more than twelve years later. Negligence claims in
Mississippi are subject to the three-year statute of
limitations under Mississippi Code Section 15-1-49. See
Breeden v. Buchanan, 164, So.3d 1057, 1061-62 (Miss. Ct.
App. 2015); Smith v. DiMa Homes, Inc., 74 So.3d 377,
378 (Miss. Ct. App. 2011). Defamation claims in Mississippi
are subject to the one-year limitations period under section
15-1-35 of the Mississippi Code. See Staheli v.
Smith, 548 So.2d 1299, 1302 (Miss. 1989). The statute of
limitations for Williams's FDCPA claim is also one year.
15 U.S.C. § 1692k(d). Plaintiff claims that she knew on
or around May 10, 2006, that the signature on the student
loan note was not hers. Thus, there is no basis for tolling
the applicable limitations periods (at least not for any
period of time that would change the end result). Her claims
IS THEREFORE ORDERED AND ADJUDGED that the 
Motion to Dismiss filed by Defendant Navient Solutions, LLC
is GRANTED. Plaintiff Jemika Robin
Williams's claims are DISMISSED WITH