Randy Jaquez v. R. Johnson

MEMORANDUM

California state prisoner Randy Jaquez appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his safety. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment because Jaquez’s action was time-barred, as all claims accrued more than four years before Jaquez filed his complaint. See Cal.Civ.Proc.Code §§ 335.1, 352.1(a) (California has a two-year statute of limitations for personal injury claims; the limitations period may be tolled for an additional two years for prisoners); Knox v. Davis, 260 F.3d 1009, 1012-13 (9th Cir.2001) (§ 1983 actions are governed by the forum state’s statute of limitations; a claim accrues when the plaintiff knows or has reason to know of the injury which is the basis of the action; continuing impact from past violations does not cause a claim to accrue anew).

The district court properly denied Ja-quez’s motion to amend because the deficiencies in his complaint could not be cured by amendment. See Lucas v. Dep’t of Corr., 66 F.3d 245, 248 (9th…