Carper
Carper v. Washington State Department of Corrections
Opinion
Lead Opinion
MEMORANDUM **
Eugene D. Carper, a Washington state prisoner, appeals pro se from the district court’s judgment dismissing as untimely his 42 U.S.C. § 1983 action alleging deliberate indifference to medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Canatella v. Van De Kemp, 486 F.3d 1128, 1132 (9th Cir.2007). We affirm in part, vacate in part, and remand.
The district court properly dismissed the action against Whatcom County Jail because it was filed well after the applicable three-year statute of limitations had expired. See Bagley v. CMC Real Estate Corp., 923 F.2d 758, 760 (9th Cir.1991) (explaining that the statute of limitations for a § 1983 action filed in Washington “is the three-year limitation of Wash. Rev. Code § 4.16.080 (2)”).
We exercise our discretion to consider an argument raised for the first time on appeal. See AlohaCare v. Haw., Dep’t of Human Servs., 572 F.3d 740, 744-45 (9th Cir.2009) (“Absent exceptional circumstances, we generally will not consider arguments raised for the first time on appeal, although we have discretion to do so.”) (citation and internal quotation marks omitted). The record shows that the action against the…