Claudell Martin v. Jeanne Woodford

MEMORANDUM

Claudell Earl Martin, a California state prisoner, appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs, and retaliation for filing grievances. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal on the basis of the statute of limitations and under Federal Rule of Civil Procedure 12(b)(6), Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir.2004), and its summary judgment, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We review for an abuse of discretion the district court’s decision whether to apply equitable estoppel and equitable tolling. Leong v. Potter, 347 F.3d 1117, 1121 (9th Cir.2003). We affirm.

The district court properly dismissed Martin’s deliberate indifference claim against McGuiness on the basis of the statute of limitations because Martin failed to file his complaint within two years of the final rejection of his appeal of his grievance. See Cal. Civ. Proc. Code § 335.1 (two-year statute of limitations for personal injury claims); TwoRivers v. Lewis, 174 F.3d 987, 991-92 (9th Cir.1999) (in § 1983 actions,…