Manriquez

Manriquez v. Castro

Good Law
305 F. App'x 471
United States Court of Appeals for the Ninth CircuitDecember 30, 2008No. 07-15275California323 words

Opinion

Lead Opinion

MEMORANDUM **

Daniel Manriquez, a California state prisoner, appeals pro se the dismissal of his 42 U.S.C. § 1983 civil rights action against prison officials. He contends that the district court erred in dismissing seven claims regarding his continued confinement in a “Security Housing Unit” and in concluding that his Eighth Amendment claim was barred by the statute of limitations. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review de novo a dismissal for failure to state a claim under 28 U.S.C. § 1915A. Weilburg v. Shapiro, 488 F.3d *472 1202, 1205 (9th Cir.2007). For the reasons stated by the district court in its order of March 9, 2006, we affirm the dismissal of Manriquez’s first through seventh claims.

We review de novo the dismissal of a claim on statute-of-limitations grounds. Cabrera v. City of Huntington Park, 159 F.3d 374, 378 (9th Cir.1998). As the district court concluded, Manriquez’s complaint, deemed filed on November 6, 2005, was untimely under the two-year statute of limitations set forth in Cal.Code Civ. Proc. § 335.1. He knew or had reason to know of the injuries that were the basis of his Eighth Amendment claim by the end of January 2003.…

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