NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 22 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DENISE RAYNOLDS-MORRIS, No. 16-55800

Plaintiff-Appellant, D.C. No. 5:15-cv-02280-DOC-

DFM

v.

TRAVIS BUELL, E6569, Deputy Sheriff, in MEMORANDUM* his individual capacity; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California David O. Carter, District Judge, Presiding

Submitted March 13, 2018**

Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges.

Denise Raynolds-Morris appeals pro se from the district court’s judgment

dismissing her 42 U.S.C. § 1983 action alleging federal and state law claims

arising from her arrest. We have jurisdiction under 28 U.S.C. § 1291. We review

de novo the district court’s dismissal on the basis of the statute of limitations.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Jones v. Blanas, 393 F.3d 918, 926 (9th Cir. 2004). We affirm.

The district court properly dismissed Raynolds-Morris’ action as time-barred

because Raynolds-Morris failed to file her action within the applicable statute of

limitations or establish any basis for equitable tolling. See Cal. Civ. Proc. Code.

§ 335.1 (two-year statute of limitations for personal injury claims); Jones, 393 F.3d

at 927 (statute of limitations for § 1983 claims is governed by the forum state’s

limitation period for personal injury claims, including state law regarding tolling);

Fink v. Shedler, 192 F.3d 911, 916 (9th Cir. 1999) (test for equitable tolling in

California); see also Cal. Gov’t Code § 945.6(a) (setting forth time limitations for

commencing action against public entity).

We do not consider arguments or facts that were not presented to the district

court. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999).

AFFIRMED.

2 16-55800