Raymond Razo Perez v. Jerry Allen Seevers

Raymond Razo Perez (“Perez”) appeals pro se the district court’s Rule 12(b)(6) dismissal of his 42 U.S.C. § 1983 action against Nevada State Trooper Jerry Seev-ers, Judge William Beemer, Judge Jerry Carr Whitehead, Judge Donald Pope, and prosecutor Michael Gregg. Perez contends that the district court erred in finding that his complaint was barred by the statute of limitations.

The Supreme Court held in Wilson v. Garcia, 471 U.S. 261, 279-80 , 105 S.Ct. 1938, 1948-49 , 85 L.Ed.2d 254 (1985), that the applicable state statute of limitations for section 1983 claims is the limitations period for personal injury claims. Recently, the Supreme Court in Owens v. Okure, — U.S. -, 109 S.Ct. 573 , 102 L.Ed.2d 594 (1989) further refined the selection of the personal injury statute applicable to section 1983 cases. The Court provided that if there are multiple statutes of limitation for various types of personal injury claims, the residual statute of limitations for personal injury actions is to be applied. If there is no residual statute of limitations for personal injury claims, then the general residual statute of limitations for all actions is applicable. The State of Nevada has two…