Lambert Chambers v. J. Dane

MEMORANDUM

Lambert George Chambers, a California state prisoner, appeals , pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal on statute of limitations grounds, Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir.2004), and we affirm.

The district court properly dismissed Chambers’s action as barred by the applicable two-year statute of limitations because, at the latest, his claims were tolled until his administrative proceedings ended in January 2007, and he did not file this action until May 2009. See Cal.Civ.Proc. Code § 335.1 (two-year statute of limitations for personal injury actions); Cholla Ready Mix, 382 F.3d at 974 (§ 1983 claims are governed by forum state’s statute of limitations for personal injury actions); see also Brown v. Valoff, 422 F.3d 926, 943 (9th Cir.2005) (“the applicable statute of limitations must be tolled while a prisoner completes the mandatory exhaustion process”). Chambers has not asserted any basis for equitable tolling or equitable es-toppel. See Lukovsky v. City & County of San Francisco, 535…