Skinner

Skinner v. Denny

Good Law
301 F. App'x 703
United States Court of Appeals for the Ninth CircuitNovember 25, 2008No. 07-15014California265 words

Opinion

lead Opinion

MEMORANDUM **

Gordon Todd Skinner, a Nevada federal prisoner, appeals pro se from the district court’s dismissal, pursuant to 28 U.S.C. § 1915A, of his Bivens action as barred by Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo. Weilburg v. Shapiro, 488 F.3d 1202, 1205 (9th Cir.2007). We may affirm on any ground supported by the record. Bodine v. Graco, Inc., 533 F.3d 1145, 1148 (9th Cir.2008). We affirm.

The district court correctly concluded that Skinner’s deprivation of property claim was untimely, because Skinner was aware of the alleged injury more than two years before he filed suit. See Nev. Rev. State. § 11.190(4)(e); Van Strum v. Lawn, 940 F.2d 406, 410 (9th Cir.1991) (holding that personal injury statute of limitations under state law applies to Bivens claims); Lukovsky v. City and County of San Francisco, 535 F.3d 1044, 1051 (9th Cir. 2008) (concluding that a claim accrues under federal law when a plaintiff becomes aware of the injury, not when she suspects a legal wrong).

*704 We need not decide whether Skinner’s Fifth Amendment claim is Heck-barred, because his…

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