Himes

MEMORANDUM *

We affirm the district court’s dismissal of the claims under 42 U.S.C. § 1985 , as James R. Himes does not challenge it on appeal.

Accrual of civil conspiracies for statute of limitations purposes is determined in accordance with the last overt act doctrine, under which “injury and damage in a civil conspiracy action flow from the overt acts, not from ‘the mere continuance of a conspiracy.’ ” Gibson v. United States, 781 F.2d 1334, 1340 (9th Cir.1986) (internal brackets omitted). The limitation period for conspiracies in violation of § 1983 accrues “when a party knows or has reason to know of the injury which is the basis of the cause of action.” Kimes v. Stone, 84 F.3d 1121, 1128 (9th Cir.1996) (internal quotation marks omitted). Taking the facts alleged in the First Amended Complaint (FAC) as true, Himes had no reason to know before February 8, 2003 that he might be injured by the Landmark complaint, as he fully expected at that time that the complaint, which had been stayed, would be dismissed. Because Himes did not have reason to know of the injury until September 2003, his claims relating to the Landmark complaint are timely. See id. We therefore reverse the…