Shannon

Shannon v. Babb

Good Law
103 F. App'x 201
United States Court of Appeals for the Ninth CircuitJune 28, 2004No. 03-15739California324 words

Opinion

Lead Opinion

MEMORANDUM **

John Shannon, a Nevada state prisoner, appeals pro se the district court’s judgment for the defendants in his 42 U.S.C. § 1983 action alleging prison officials violated his constitutional rights by, inter alia, withholding his personal property. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.), cert. denied, 124 S.Ct. 50 , 124 S.Ct. 50 , 157 L.Ed.2d 23 (2003), and we affirm.

The district court properly dismissed as untimely Shannon’s claim concerning unlawful withholding of his magazines because he filed his action more than two years after the claim 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) (citing Nev.Rev.Stat. § 11.190(4)(e)). Moreover, the district court correctly determined that the con- *202 timing violations doctrine was inapplicable because defendants’ subsequent withholding of magazines was merely the…

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