Litmon

Litmon v. Mayberg

Good Law
145 F. App'x 213
United States Court of Appeals for the Ninth CircuitAugust 15, 2005No. 03-15625; D.C. No. CV-01-20711-RMWCalifornia347 words

Opinion

Lead Opinion

MEMORANDUM **

David Litmon, Jr., a former California state inmate, appeals pro se the district court’s summary judgment dismissing his 42 U.S.C. § 1983 action alleging that employees of the California Department of Mental Health violated his due process rights by falsely certifying that he met the criteria for a sexually violent predator under California’s Sexually Violent Predator Act. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, see Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994) (per curiam), and we affirm.

The district court properly granted summary judgment to defendants May-berg and Finnberg because Litmon’s claims against them were barred by the applicable one-year statute of limitations. See Jones v. Blanas, 393 F.3d 918, 927 (9th Cir.2004). We will not entertain Litmon’s equitable tolling argument raised for the first time on appeal. See Peterson v. Highland Music, Inc., 140 F.3d 1313, 1321 (9th Cir.1998).

The district court did not err in failing to order service of Litmon’s complaint on defendants Inman and Shafer because Litmon’s claims against those defendants were also barred by the one-year statute of limitations. See 28 U.S.C. §…

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