Jerardo Rodriguez v. Max Williams

MEMORANDUM

Former Oregon state prisoner Jerardo Rodriguez appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging claims related to the conditions of his prior confinement and subsequent parole proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s decision to grant summary judgment. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We review for an abuse of discretion the district court’s decision to permit a party to amend its answer. Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, 712 (9th Cir.2001). We affirm.

The district court properly granted summary judgment as to Rodriguez’s claims regarding the conditions of his confinement because these claims were barred by the applicable two-year statute of limitations, and Rodriguez failed to establish circumstances warranting equitable tolling. See Alameda Books, Inc. v. City of Los Angeles, 631 F.3d 1031, 1041 (9th Cir.2011) (§ 1983 limitations period is the personal injury statute of limitations of the state where the claims arose); see also Or.Rev. Stat. § 12.110(1) (personal injury claims subject to two-year statute of…