Robertson

MEMORANDUM **

Wayne Jerome Robertson, a California state prisoner, appeals the district court’s dismissal of his pro se complaint against the prison guards at the Corcoran State Prison as time-barred under California’s one-year statute of limitations. In his complaint, Robertson alleges that the prison guards intentionally staged fights among inmates, failed to protect inmates from injury during these fights (and sometimes inflicted injury on inmates under the guise of attempting to break up the fights), and then concealed their misconduct. Robertson seeks monetary relief under 42 U.S.C. § 1983 .

The district court dismissed Robertson’s pro se complaint with prejudice under Federal Rule of Civil Procedure 12(b)(6) as time-barred, because he filed his complaint in April of 1999 but the injuries for which he seeks relief resulted from fights that occurred in 1994. Robertson appeals alleging that, because of the deliberate concealment of the conspiracy to violate inmates’ civil rights by staging fights, he was unable to discover that he had a cause of action for deliberate indifference under the Eighth Amendment until the news of a four-year FBI investigation into the prison guard…