Cca

Brown Ex Rel. Carter v. Corrections Corp. of America

Good Law
586 F. App'x 430
United States Court of Appeals for the Ninth CircuitDecember 8, 201413-35423California369 words

Opinion

Opinion

MEMORANDUM

Alaska state prisoner Carl E. Brown, as Next Friend of deceased former Alaska state prisoner James E. Carter, appeals pro se from the district court’s judgment dismissing this action alleging violations of state law in connection with Carter’s medical treatment. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Lukovsky v. City & County of San Francisco, 535 F.3d 1044, 1047 (9th Cir.2008). We affirm in part, vacate in part, and remand.

The district court properly dismissed the breach of contract and negligence claims as barred by the applicable statutes of limitations. See Alaska Stat. § 09.10.053 (three-year statute of limitations for breach of contract actions); § 09.10.070(a) (two-year statute of limitations for personal injury actions); Nw. Airlines, Inc. v. Camacho, 296 F.3d 787 , 789 n. 1 (9th Cir.2002) (“[A] federal court sitting in diversity is bound to apply the statute of limitations of the forum jurisdiction.”).

However, the district court improperly dismissed the wrongful death claim because Brown filed the complaint on September 26, 2012, which was within the two-year statute of limitations. See Alaska Stat. § 09.55.580 (a) (two-year…

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