Easley v. County of El Dorado Probation Department

MEMORANDUM

Gary D. Easley appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging state and federal claims arising out of his arrests and prosecutions for various criminal offenses. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim, Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th Cir.2001), and for an abuse of discretion conclusions as to the applicability of equitable tolling, Huynh v. Chase Manhattan Bank, 465 F.3d 992, 1003-04 (9th Cir.2006). We affirm.

The district court did not abuse its discretion in concluding that the statute of limitations was not equitably tolled on Easley’s § 1983 claims because Easley failed to establish that he acted with diligence and good faith in filing suit after his prior, factually related action was dismissed for failure to prosecute. See Ervin v. County of Los Angeles, 848 F.2d 1018, 1019-20 (9th Cir.1988) (setting forth three-factor test for equitable tolling and concluding that plaintiffs unwarranted delay of more than a year in filing her federal civil rights claim after filing a tort action in state court was neither reasonable nor in…