Burrus

MEMORANDUM **

Melvin Burrus appeals pro se from the dismissal of his claims against a physician who examined him in the Los Angeles County jail, and the jury verdict in favor of the City of Los Angeles, in his 42 U.S.C. § 1983 action alleging that he was arrested without probable cause and injured by substandard medical care while incarcerated. We affirm.

We review de novo the dismissal on statute of limitations grounds of Burrus’ negligence and malpractice claims against Dr. Saddler. See Erlin v. United States, 364 F.3d 1127, 1130 (9th Cir.2004). Burrus’ state law claims were subject to California Code of Civil Procedure § 340.5, which requires that a plaintiff file his complaint both within three years of injury and within one year after he discovered, or should have discovered, the injury. See Hills v. Aronsohn, 152 Cal.App.3d 753 , 199 Cal.Rptr. 816, 819 (1984). Burrus filed administrative claims with the County over two years before he filed his federal lawsuit. His filing of the administrative claims establish that he had the requisite suspicion of injury and wrongdoing, and the statute of limitations began to run when he filed his claims on January 18, 2000. See Kleefeld…