Holvenski

MEMORANDUM **

Gary Wade Williams, an Alabama state prisoner incarcerated in Washington state, appeals pro se from the district court’s sua sponte order dismissing his civil rights action pursuant to the Prison Litigation Reform Act (“PLEA”), 28 U.S.C. § 1915A. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Ellis v. City of San Diego, 176 F.3d 1183, 1188 (9th Cir.1999) (dismissals based on statute of limitations); Osborne v. Dist. Atty’s Office for the Third Judicial Dist., 423 F.3d 1050, 1053 (9th Cir.2005) (dismissals pursuant to Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994)), and we vacate and remand.

Because the district court dismissed the complaint sua sponte, pursuant to the PLRA’s screening provision, Williams had no opportunity to argue that R.C.W. § 4.16.190 violates equal protection, or that the statute of limitations should have been equitably tolled. See Cervantes v. City of San Diego, 5 F.3d 1273, 1276-77 (9th Cir.1993) (dismissal on statute of limitations grounds disfavored where matters outside the complaint may not be considered and where equitable tolling may apply). We remand for the district court to determine in…