Tanya Lawrence v. Dr. Berry

MEMORANDUM

California state prisoner Tanya Latrice Lawrence appeals pro se from the district court’s judgment dismissing her 42 U.S.C. § 1983 action alleging deliberate indifference to her serious medical needs as barred by the statute of limitations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915A. Weilburg v. Shapiro, 488 F.3d 1202, 1205 (9th Cir.2007). We affirm.

The district court properly dismissed Lawrence’s action as time-barred because all claims accrued more than four years before Lawrence filed her complaint. See Cal.Civ.Proc.Code §§ 335.1, 352.1(a) (two-year statute of limitations for personal injury claims; limitations period may be tolled for an additional two years for prisoners); Knox v. Davis, 260 F.3d 1009, 1012-13 (9th Cir.2001) (§ 1983 actions are governed by the forum state’s statute of limitations; a claim accrues when the plaintiff knows or has reason to know of the injury which is the basis of the action; continuing impact from past violations does not cause a claim to accrue anew).

Lawrence’s motion requesting a “withdrawal and abeyance,” filed on July 27, 2012, is denied as…