Penn H. Smith v. State of Nevada Highway Patrol William Yukish, Colonel Ken Meachum Patrolman A. White, Patrolman Robert H. Oakden, Patrolman
Opinion
Opinion
17 F.3d 396 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Penn H. SMITH, Plaintiff-Appellant, v. STATE OF NEVADA HIGHWAY PATROL; William Yukish, Colonel; Ken Meachum; Patrolman; A. White, Patrolman; Robert H. Oakden, Patrolman, Defendants-Appellees. No. 93-16336. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1994. * Decided Feb. 10, 1994. Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Penn H. Smith appeals pro se the district court's dismissal pursuant to Fed.R.Civ.P. 12(b)(6) of his 42 U.S.C. Sec. 1983 action alleging assault, false arrest, and an unconstitutional search and seizure. The district court dismissed Smith's action because it determined that Nevada's two-year statute of limitations had run on Smith's action. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We affirm. 3 In his complaint, Smith alleged that his constitutional rights were violated when on February 19, 1991, as he was driving home from work,…