Rudy Caro v. Ventura County Sheriff's Dept.

28 F.3d 106 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rudy CARO, Petitioner-Appellant, v. VENTURA COUNTY SHERIFF'S DEPT., Respondent-Appellee. No. 93-56187. United States Court of Appeals, Ninth Circuit. Submitted May 16, 1994. * Decided May 31, 1994. Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Rudy Caro appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action. We agree with the district court that Caro's action is barred by the one-year limitation period prescribed in Cal.Civ.Proc.Code Sec. 340(3) (West 1994). See Cervantes v. City of San Diego, 5 F.3d 1273, 1275 (9th Cir.1993) (California's one-year statute of limitations for personal injury actions applies to section 1983 actions). 3 Caro's cause of action accrued in 1988; he did not file his civil rights complaint until 1993. Accordingly, the action is barred unless he is entitled to the benefits of a state tolling provision. See Donoghue v. Orange County, 848 F.2d…