Zina Butler v. Housing Auth. County of La

Good Law
766 F.3d 1191·89 Fed. R. Serv. 3d 981·14 Cal. Daily Op. Serv. 10·2014 U.S. App. LEXIS 17707
United States Court of Appeals for the Ninth CircuitSeptember 12, 201411-55806California5,348 words

Opinion

Opinion

Bennett, J.

Plaintiff-appellant Zina Butler appeals from the district court’s granting appel-lees’ motions to dismiss her 42 U.S.C. § 1983 action challenging the constitutionally of a warrantless search of her apartment by various actors. The district court held that Butler’s claims were untimely filed. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review de novo the district court’s determination of whether a claim is barred by the statute of limitations. See Pouncil v. Tilton, 704 F.3d 568, 574 (9th Cir.2012), cert. denied, — U.S. —, 134 S.Ct. 76 , 187 L.Ed.2d 30 (2013). Likewise, we review the district court’s application of the relation-back doctrine under Federal Rule of Civil Procedure 15(c) de novo. See Williams v. Boeing Co., 517 F.3d 1120, 1132 (9th Cir.2008).

I. BACKGROUND

A. The Pleadings

On April 17, 2009, Butler filed a one-page complaint, a request to proceed in forma pauperis, and a request for an attorney in federal district court. The caption of the complaint named only National Community Renaissance Corporation (“National CORE”) as a defendant. The complaint alleged:

On April 22, 2009, Butler filed a first amended complaint. The caption again…

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