Blatt
Blatt v. Deede
Opinion
Lead Opinion
MEMORANDUM **
Leon Sabra Blatt appeals pro se the district court’s order dismissing on statute of limitation grounds his 42 U.S.C. § 1983 action. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s conclusion that the action was barred by the statute of limitations. Hernandez v. Spacelabs Med., Inc., 343 F.3d 1107, 1112 (9th Cir.2003). We review for abuse oí discretion the district court’s conclusion that equitable tolling did not apply. Leong v. Potter, 347 F.3d 1117, 1121 (9th Cir.2003). We affirm.
*969 The district court properly concluded that Blatt’s current action was untimely pursuant to Wash. Rev.Code § 4.16.080 because the action was filed more than three years after the alleged events. See Wilson v. Garcia, 471 U.S. 261, 268-71 , 105 S.Ct. 1938 , 85 L.Ed.2d 254 (1985) (statute of limitations and tolling rules for section 1983 action are controlled by law of forum state).
Furthermore, the district court did not abuse its discretion by concluding that Blatt’s prior action did not equitably toll the statute of limitations for his current cause of action. See Dowell Co. v. Gagnon, 36 Wash.App. 775 , 677 P.2d 783 , 784 (1984).