Michael Eggers v. United States Attorney General

MEMORANDUM

Michael Wayne Eggers, an Alabama state prisoner, appeals pro se from the district court’s judgment dismissing his action alleging violations under 42 U.S.C. § 1983 , Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971), and the Federal Tort Claims Act. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We affirm.

The district court properly dismissed Eggers’s section 1983 and Bivens claims as time-barred. See Wallace v. Kato, 549 U.S. 384, 388 , 127 S.Ct. 1091 , 166 L.Ed.2d 973 (2007) (explaining that the statute of limitations begins to run when the plaintiff has a complete and present cause of action); Canatella v. Van De Kamp, 486 F.3d 1128, 1132-33 (9th Cir.2007) (applying California’s former one-year personal injury statute of limitations to section 1983 claims that were more than one-year old as of January 1, 2003); Van Strum v. Lawn, 940 F.2d 406, 409-10 (9th Cir.1991) (holding that the statutes of limitation for Bivens and section 1983 actions are the same); see also Fink v.…