Devey

Devey v. City of Los Angeles

Good Law
129 F. App'x 362
United States Court of Appeals for the Ninth CircuitApril 15, 2005No. 03-55605California522 words

Opinion

Lead Opinion

MEMORANDUM *

Appellant Wayne Devey appeals the district court’s dismissal of his complaint as time-barred because the one-year statute of limitations had expired. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal for failure to adhere to the applicable statute of limitations. See Underwood Cotton Co. v. Hyundai Merchant Marine, Inc., 288 F.3d 405, 407 (9th Cir.2002). We review for abuse of discretion a district court’s decision whether to retain jurisdiction over supplemental state law claims when a plaintiffs federal claims are dismissed. See Tritchler v. County of Lake, 358 F.3d 1150, 1153 (9th Cir.2004). For the reasons stated below, we affirm the district court.

Devey’s federal claims are governed by a one-year statute of limitations. See Taylor v. Regents of Univ. of Cal, 993 F.2d 710 , 711 (9th Cir.1993). The injuries for which Devey seeks redress are the allegedly unlawful search, seizure and false imprisonment which all occurred on November 16, 2000. See RK Ventures, Inc. v. City of Seattle, 307 F.3d 1045, 1058 (9th Cir.2002). Because Devey has known of these injuries since the date that they occurred, the district court…

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