Jackson Baugus v. Billings Police Department
Opinion
Opinion
MEMORANDUM
Federal prisoner Jackson Byrant Bau-gus appeals pro se from the district court’s judgment dismissing his action alleging that defendants violated his due process rights as a result of his car being seized and retained in police custody for over seven years. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to state a claim under 28 U.S.C. §§ 1915A or 1915(e)(2)(B)(ii). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm.
The district court properly dismissed Baugus’s action as time-barred. See Mont.Code Ann. § 27-2-204(1) (three-year statute of limitations for personal injury claims); Jones v. Blanas, 393 F.3d 918, 927 (9th Cir.2004) (“For actions under 42 U.S.C. § 1983 , courts apply the forum state’s statute of limitations for personal injury actions[.]”); see also Wallace v. Kato, 549 U.S. 384, 391 , 127 S.Ct. 1091 , 166 L.Ed.2d 973 (2007) (“The cause of action accrues even though the full extent of the injury is not then known or predictable.” (citation and internal quotation marks omitted)).