Michael Diggs v. Sgt. Rogan

60 F.3d 833 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael DIGGS, Plaintiff-Appellant, v. Sgt. ROGAN, Defendant-Appellee. No. 94-16028. United States Court of Appeals, Ninth Circuit. Submitted June 26, 1995. * Decided June 30, 1995. Before: O'SCANNLAIN, LEAVY and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Michael Diggs, a Nevada state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action against Sgt. Rogan, a correctional officer. He contends that the district court erred in dismissing his action as barred by the statute of limitations, Nev. Rev. Stat. Sec. 11.190(4)(e). We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 Diggs filed his complaint on March 1, 1994, more than two years after Sgt. Rogan allegedly violated his eighth amendment rights. Diggs has not alleged adequate grounds for tolling the statute of limitations. See Nev. Rev. Stat. Sec. 11.250 (Nevada's tolling statute). Accordingly, we affirm the…