Marvin Clyde Neal v. George Sumner

891 F.2d 295 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marvin Clyde NEAL, Plaintiff-Appellant, v. George SUMNER, et al., Defendants-Appellees. No. 89-15538. United States Court of Appeals, Ninth Circuit. Submitted Nov. 7, 1989. Decided Dec. 6, 1989. Before ALARCON, O'SCANNLAIN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Marvin Clyde Neal, a Nevada state prisoner, appeals the district court's dismissal of his action for deprivation of civil rights in violation of 42 U.S.C. Section 1983 without service and with prejudice. Neal contends that the district court erred in ruling that the applicable Nevada statute of limitations, Nev.Rev.Stat. § 11.190(4)(e)(1983), barred this action. Because the district court found that the complaint showed on its face that the action was barred, it dismissed Neal's claim without service pursuant to 28 U.S.C. § 1915 (d). We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 A ruling on the appropriate statute of…