Pamer

MEMORANDUM **

Lawrence Harry Pamer, a California state prisoner, appeals pro se from the district court’s summary judgment on statute of limitations grounds in Pamer’s 42 U.S.C. § 1983 action alleging constitutional violations in connection with an altercation with his cellmate. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s summary judg *156 ment and 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 of discretion the decision that equitable tolling did not apply, Santa Maria v. Pac. Bell, 202 F.3d 1170, 1175 (9th Cir.2000), and we affirm.

The district court properly determined that the action was time-barred because Pamer filed suit after the applicable statute of limitations and statutory tolling period had expired. See former Cal. Civ. Proc. § 340(3) (providing a one-year statute of limitations for personal injury claims arising prior to January 1, 2003) (replaced by § 335.1 effective January 1, 2003); Cal. Civ. Proc. § 352.1(a) (providing up to a two-year tolling period for a person who is imprisoned for a term less than…