Walter Shaw v. County of San Diego

MEMORANDUM

Walter M. Shaw, M.D., appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendants’ approval of a fraudulent subdivision map violated his constitutional rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Olsen v. Idaho State Bd. of Med., 363 F.3d 916 , 922 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment on Shaw’s due process claim because it is barred by the applicable statute of limitations, and Shaw failed to raise a triable issue as to whether he is entitled to equitable tolling based on his prior state court action. See Canatella v. Van De Kamp, 486 F.3d 1128, 1132-33 (9th Cir.2007) (§ 1983 claims that were more than one year old as of January 1, 2003 barred under California’s previous one-year statute of limitations); Daviton v. Columbia/HCA Healthcare Corp., 241 F.3d 1131, 1141 (9th Cir.2001) (en banc) (equitable tolling during a plaintiffs prior pursuit of a remedy in a different forum does not apply to “a claim for a distinct wrong that was not the basis of the earlier proceeding”).

We do not consider Shaw’s contentions raised for the first time on…