Kerkfoot

MEMORANDUM

Lance Williams, a California state prisoner, appeals pro se from the district court’s judgment dismissing as time-barred his 42 U.S.C. § 1983 action alleging excessive force and racial discrimination. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo both the district court’s dismissal based on the statute of limitations and the legal question of whether equitable tolling applies. Jones v. Blanas, 393 F.3d 918, 926 (9th Cir. 2004). We affirm.

The district court properly dismissed Williams’ action as time-barred because, even with the benefit of statutory and all arguably applicable equitable tolling, Williams failed to file his action within the applicable statute of limitations. See Cal. Civ. Proc. Code §§ 335.1 (two-year statute of limitations for personal injury claims); 352.1 (statutory tolling for up to two years due to incarceration); 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); Jones, 393 F.3d at 928 (“[Ajctual, uninterrupted incarceration is the touchstone for applying California’s tolling provision of the disability of imprisonment.”…