Clifford v. Regents of the University of California

MEMORANDUM

Ryan Clifford appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging federal and state law violations arising from his participation in his college fraternity’s pledge activities. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Stanley v. Trs. of Cal. State Univ., 433 F.3d 1129, 1136 (9th Cir.2006) (statute of limitations); Lee v. City of Los Angeles, 250 F.3d 668, 679 (9th Cir.2001) (dismissal for failure to state a claim). We affirm.

The district court properly dismissed Clifford’s Title IX claim against defendants and his § 1983 equal protection and First Amendment retaliation claims against defendant Cody because the statute of limitations had run before Clifford filed his complaint. See Cal.Civ.Proc.Code § 335.1 (setting forth applicable statute of limitations for personal injury claims); Colony Cove Props., LLC v. City Of Carson, 640 F.3d 948, 956 (9th Cir.2011) (for § 1983 claims, the court applies the forum state’s statute of limitations for personal injury claims); Stanley, 433 F.3d at 113637 (same for Title IX claims).

The district court properly dismissed Clifford’s § 1983 claims against defendant…