Richard Hall v. W. Cohen

MEMORANDUM

California state prisoner Richard Gary Hall appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging Eighth and Fourteenth Amendment violations in connection with his housing assignment. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Lacey v. Maricopa County, 693 F.3d 896, 911 (9th Cir.2012) (en banc), and we affirm.

The district court properly dismissed Hall’s action as time-barred because Hall filed his action after the applicable statute of limitations and statutory tolling period had expired. See Cal.Civ.Proc.Code §§ 335.1, 352.1(a) (setting forth California’s statute of limitations for personal injury claims and the additional tolling for prisoners); Pouncil v. Tilton, 704 F.3d 568, 573-74 (9th Cir.2012) (§ 1983 actions are governed by the forum state’s statute of limitations, but federal law determines when a § 1983 claim accrues; under federal law, accrual occurs when the plaintiff knows or has reason to know of the injury which is the basis of the action).

Contrary to Hall’s contentions, neither equitable tolling nor equitable estoppel applies because Hall should have reasonably been aware of the…