What is the difference between the statute of limitations and the date when a complaint was received by the Pro Se Office?

Finally, we note our concern with the procedures which may have given rise to this dispute. We are troubled with any system used by the pro se office which might produce the anomalous result of assisting plaintiff to "correct" his complaint, while at the same time possibly extinguishing plaintiff's action under the applicable statute of limitations. We are told unofficially that the problem presented by this case could not occur today because the pro se office now keeps records indicating the date when the complaint is first received and, if necessary, the date when it is returned to the plaintiff for correction. If this is true, we are encouraged. But we remind all district court pro se offices that effective measures must be continually taken to ensure that the procedures used in keeping records accurately reflect when a complaint is first received, so that the system specifically designed to assist pro se litigants does not work to their direct disadvantage. Cf. Toliver v. Sullivan, 841 F.2d 41, 42 (2d Cir.1988) (delay between time when complaint was received by pro se office and time when it was filed with the clerk should not have worked to pro se litigant's disadvantage in determining if statute of limitations had run).

We reverse the judgment of the district court and remand for further proceedings on the statute of limitations issue.