Everett Gonzalez v. C. Gardemal

MEMORANDUM

Everett Galindo Gonzalez, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1988 action alleging retaliation and due process violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Hebbe v. Pliler, 627 F.3d 388, 341 (9th Cir.2010) (dismissal under Fed.R.Civ.P. 12(b)(6)); Lukovsky v. City & County of San Francisco, 535 F.3d 1044, 1047 (9th Cir.2008) (statute of limitations). We affirm in part, reverse in part, and remand.

The district court properly dismissed as time-barred Gonzalez’s retaliatory transfer claim and his due process claims stemming from his re-validation as a gang member in 2004 and 2006, and his inactive status review in 2006. See Cal.Civ.Proc.Code § 335.1 (two-year statute of limitations for personal injury claims); Douglas v. Noelle, 567 F.3d 1103, 1109 (9th Cir.2009) (§ 1983 claims are governed by forum state’s statute of limitations for personal injury actions, and they accrue when the plaintiff knows or should know of the injury that is the basis of the cause of action); see also Brown v. Valoff, 422 F.3d 926, 943 (9th Cir.2005) (“[T]he applicable statute of limitations…