Donald Calvin v. Bill Elfo

MEMORANDUM

Former pretrial detainee Donald Calvin appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging, among other claims, deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Lu-kovsky v. City & Cnty. of San Francisco, 535 F.3d 1044, 1047 (9th Cir.2008). We affirm.

The district court properly dismissed Calvin’s action as time-barred because Calvin filed his complaint more than three-year after his release from jail. See Wash. Rev.Code § 4.16.080(2) (three-year statute of limitations for personal injury actions); Douglas v. Noelle, 567 F.3d 1103, 1109 (9th Cir.2009) (“State law governs the statute of limitations period for § 1983 suits and closely related questions of tolling.”); see also Wash. Rev.Code § 4.16.190(1) (statute of limitations is tolled while a person is “imprisoned on a criminal charge prior to sentencing”); S.J. v. Issaquah Sch. Dist. No. 411, 470 F.3d 1288 , 1293 (9th Cir.2006) (Fed.R.Civ.P. 3 “governs the commencement of federal causes of action using borrowed state statutes of limitations.... [TJhere is no gap to fill and no basis for resorting to…