Jaime Zepeda v. T. Peterson

Good Law
588 F. App'x 689
United States Court of Appeals for the Ninth CircuitDecember 18, 201413-17519California724 words

Opinion

Opinion

MEMORANDUM

California state prisoner Jaime Ledesma Zepeda appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various federal claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Wilhelm v. Rotman, 680 F.3d 1113, 1118 (9th Cir.2012) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order) (dismissal under 28 U.S.C. § 1915 (e)(2)). We may affirm on any basis supported by the record. Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008). We affirm.

The district court properly dismissed Zepeda’s claims arising before July 1, 2008 as time-barred. See Cal.Civ.Proc.Code §§ 385.1, 352.1(a) (setting forth California’s two-year statute of limitations for personal injury claims and additional statutory tolling due to incarceration not to exceed two years); Canatella v. Van De Kamp, 486 F.3d 1128, 1132-33 (9th Cir.2007) (forum state’s personal injury statute of limitations and tolling laws apply to § 1983 actions; federal law determines when a civil rights claim accrues, which is when the plaintiff knows or has reason to know of the injury which is the basis of the action). We…

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