Stevenson

Stevenson v. Evans

Good Law
88 F. App'x 235
United States Court of Appeals for the Ninth CircuitFebruary 24, 2004No. 03-15929; D.C. No. CV-03-00060-JCMCalifornia348 words

Opinion

Lead Opinion

MEMORANDUM **

Jon Stevenson appeals pro se the district court’s order dismissing his 42 U.S.C. § 1983 action against the Las Vegas Police Department, his criminal defense attorney, and various other defendants. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal pursuant to Fed.R.Civ.P. 12(b)(6), see Ty *236 ler v. Cisneros, 136 F.3d 603 , 607 (9th Cir.1998), and we affirm.

The district court properly determined that Stevenson’s section 1983 action was time-barred because he filed his complaint more than two years after the action accrued. See Fink v. Shedler, 192 F.3d 911, 914 (9th Cir.1999) (holding that federal courts apply the forum state’s personal injury statute of limitations for section 1983 claims); Perez v. Seevers, 869 F.2d 425, 426 (9th Cir.1989) (per curiam) (stating that Nevada’s statute of limitations for personal injury claims is two years); Nev. Rev.Stat. § 11.190(4)(e) (2002).

Stevenson contends that the statute of limitations should be tolled on account of his numerous emotional breakdowns between 2001 and 2002, during which time he was hospitalized. This contention lacks merit because Stevenson failed to allege that…

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