Ortloff

Ortloff v. McCain

Good Law
37 F. App'x 329
United States Court of Appeals for the Ninth CircuitJune 17, 2002No. 01-17130; D.C. No. CV-00-00211-MHM(JRI)California367 words

Opinion

Lead Opinion

MEMORANDUM **

Arizona state prisoner Robert S. Ortloff appeals pro se the district court’s judgment dismissing without leave to amend his action alleging that various state and federal officials violated his constitutional rights in connection with his criminal conviction, various civil actions and criminal investigations, and the denial of parole. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and may affirm on any basis fairly supported by the record, Beezley v. Fremont Indem. Co., 804 F.2d 530 , 530 n. 1 (9th Cir.1986) (per curiam). We affirm.

We affirm the district court’s dismissal of Ortloffs amended claims pertaining to the 1984-85 investigation of a murder and arson for which he was never indicted, and a Texas state malpractice action and Arizona state wrongful death and conversion action, because those claims are time-barred. See W. Ctr. for Journalism v. Cederquist, 235 F.3d 1153, 1156 (9th Cir. 2000) (per curiam) (applying state’s personal injury statute of limitation to Bivens claim); TwoRivers v. Lewis, 174 F.3d 987, 991 (9th Cir.1999) (applying Arizona’s two-year personal injury statute of…

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