Bullock

Bullock v. Town of Woodside

Good Law
64 F. App'x 18
United States Court of Appeals for the Ninth CircuitApril 7, 2003No. 01-17310; D.C. No. CV98-0163-MJJCalifornia1,071 words

Opinion

Lead Opinion

MEMORANDUM *

Peter Bullock appeals from the district court’s dismissal of most of his claims arising under 42 U.S.C. §§ 1983 and 1985 as barred by the statute of limitations. The district court granted summary judgment against Bullock regarding the remaining claim. He alleges that a string of acts by the Town of Woodside (“Town”) collectively deprived him of his rights to petition the Government, to obtain due process, and to receive equal protection under the Fourteenth Amendment. We affirm.

I

Bullock contends that the district court erred in dismissing his pre-1997 claims because the statute of limitations was equitably tolled while he pursued administrative remedies. Bullock did not raise this issue in his opposition to the Town’s motion to dismiss the second amended complaint. “[A] federal appellate court does not consider an issue not passed upon below.” Singleton v. Wulff, 428 U.S. 106, 120 , 96 S.Ct. 2868 , 49 L.Ed.2d 826 (1976).

In Bullock v. Town of Woodside, No. 99-15444, 2000 U.S.App. LEXIS 12814, at *9, 2000 WL 734513 (9th Cir. June 7, 2000) (“Bullock /”), we affirmed the dismissal of *20 all of Bullock’s claims in a prior complaint except for those requesting…

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