Gilliam

MEMORANDUM ***

William Jefferson Gilliam appeals the district court’s dismissal of his 42 *541 U.S.C. § 1983 complaint as time-barred. He also appeals the district court’s denial of his motion to disqualify the district judge. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

‘We review de novo a district court’s dismissal of a plaintiffs claims on statute of limitations grounds.” Cabrera v. City of Huntington Park, 159 F.3d 374, 378 (9th Cir.1998). We review the denial of a motion for disqualification for abuse of discretion.” United States v. Rogers, 119 F.3d 1377,1380 (9th Cir.1997).

It is undisputed that Gilliam’s complaint was filed more than a year after his arrest. Gilliam contends that his § 1983 causes of action did not accrue until his bail was exonerated. The accrual rule derived from Heck v. Humphrey, 512 U.S. 477, 487 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994) and Harvey v. Waldron, 210 F.3d 1008, 1013-14 (9th Cir.2000) does not apply because there was no “pending criminal prosecution” against Gilliam after June 28, 2001, when Gilliam was “discharged” and “no complaint was filed” against him. A “booking charge” does not constitute a “pending charge” for…