McMillen

Jackson v. McMillen

Good Law
249 F. App'x 530
United States Court of Appeals for the Ninth CircuitSeptember 27, 2007No. 06-15415California267 words

Opinion

Lead Opinion

MEMORANDUM **

Clifford L. Jackson, a California state prisoner, appeals pro se from the district court’s judgment dismissing as untimely his 42 U.S.C. § 1983 action alleging City of San Jose police officers falsely arrested him in April 1998. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review *531 de novo, Jones v. Blanas, 393 F.3d 918, 926 (9th Cir.2004), and we affirm.

The district court properly concluded that Jackson’s action, filed in March 2005, was untimely even with the benefit of tolling under California law. See Maldonado v. Harris, 370 F.3d 945, 954 (9th Cir.2004) (noting that Cal.Civ.Proc.Code § 335.1’s two-year statute of limitations applies to section 1983 actions in federal district court in California); Johnson v. State of Cal., 207 F.3d 650, 654 (9th Cir.2000) (noting that Cal.Civ.Proc.Code § 352.1(a) provides for a maximum of two years of tolling of prisoners’ claims); Torres v. City of Santa Ana, 108 F.3d 224, 226 (9th Cir. 1997) (“In California, the statute of limitations for section 1983 actions is tolled by Cal. Gov’t Code § 945.3 while criminal charges are pending.”).

Jackson’s claims against defendants accrued on the day he was arrested. See…

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