Cassandra Olague v. County of Sacramento

MEMORANDUM

Cassandra C. Olague appeals pro se from the district court’s judgment dismissing her action alleging federal and state law violations in connection with child custody and visitation. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim. Knox v. Davis, 260 F.3d 1009, 1012 (9th Cir.2001). We affirm.

The district court properly dismissed Olague’s substantive due process claim pertaining to child custody as barred by the statute of limitations. See CaLCiv. Proc.Code § 385.1 (two-year statute of limitations for personal injury actions); Knox, 260 F.3d at 1012-13 (for § 1983 claims, federal courts apply the forum state’s personal injury statute of limitations and apply federal law to determine accrual; a § 1983 claim accrues when the plaintiff knows or has reason to know of the injury that forms the basis of the action).

The district court properly dismissed Olague’s due process claims pertaining to visitation, and her equal protection claim pertaining to child custody, because Ola-gue failed to allege facts sufficient to show that any state actor deprived her of visits or intentionally discriminated against her on the…