Joseph Rollin v. Christine Cook

MEMORANDUM

In various orders, the district court dismissed all but one of Plaintiff-Appellant Joseph Pierre Rollin’s § 1983 claims as untimely, granted DefendanL-Appellee Christine Cook qualified immunity on Rollin’s sole remaining § 1983 claim, and denied Rollin attorney’s fees for DefendantsAppellees Betty and Kenneth Henderson’s refusal to waive service of process. Rollin appeals all the district court’s orders. We review a dismissal based on the statute of limitations de novo. See Ventura Mobile-home Communities Owners Ass’n v. City of San Buenaventura, 371 F.3d 1046, 1050 (9th Cir.2004). We review a grant of summary judgment based on qualified immunity de novo. See Stoot v. City of Everett, 582 F.3d 910, 918 (9th Cir.2009). We review the denial of costs for a defendant’s failure to waive service for abuse of discretion. See Estate of Darulis v. Garate, 401 F.3d 1060, 1063 (9th Cir.2005).

1. Dismissal Orders

The statute of limitations is two years for claims accruing after January 1, 2003, and one year for claims accruing prior to that date. See Cal.Code Civ. Proc. § 335.1; see also Maldonado v. Harris, 370 F.3d 945, 954-55 (9th Cir.2004), Wilson v. Garcia, 471 U.S. 261,…