Jackson Baugus v. Billings Police Department

Good Law
465 F. App'x 690
United States Court of Appeals for the Ninth CircuitJanuary 10, 201210-35983California226 words

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)).

Baugus’s remaining contentions,…

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