John Ronald Bertram v. Five Unknown Officers

990 F.2d 1255 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John Ronald BERTRAM, Plaintiff-Appellant, v. FIVE UNKNOWN OFFICERS, et al., Defendants-Appellees. No. 91-55430. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1993. * Decided March 25, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 John Ronald Bertram, a former California state prisoner, 1 appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action prior to service of process as barred by the statute of limitations. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm. 3 In Wilson v. Garcia, the Supreme Court held that the applicable statute of limitations period for section 1983 actions is the personal injury statute of limitations of the state in which the claim arises. 471 U.S. 261, 279-80 (1985). State law also determines the availability and application of any tolling doctrines. Id. In California, the…