MacCool

MacCool v. Schriro

Good Law
280 F. App'x 663
United States Court of Appeals for the Ninth CircuitMay 29, 2008No. 06-15492California416 words

Opinion

Lead Opinion

MEMORANDUM **

Finn MacCool appeals summary judgment entered in favor of Arizona Depart *664 ment of Corrections officials Dora Schriro, Donna Clement, and Rick Ward (ADC officials) in his action under 42 U.S.C. § 1988 for injunctive relief. We affirm.

To the extent that MacCool’s claims arise out of either his validation as a member of the Aryan Brotherhood on October 10, 1997, or his transfer to New Jersey on April 5, 1999, they are barred by the two-year statute of limitations applicable in Arizona. A.R.S. § 12-542(1). His theory of a continuing violation does not save these claims, as both were discrete acts that occurred outside the timely filing period. See Nat’l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 114 , 122 S.Ct. 2061 , 153 L.Ed.2d 106 (2002); Carpinteria Valley Farms, Ltd. v. County of Santa Barbara, 344 F.3d 822, 828 (9th Cir.2003).

In any event, the conditions of confinement about which MacCool complains are not atypical, nor does he have a protected interest in avoiding interstate transfer. See Sandin v. Conner, 515 U.S. 472 , 483 n. 5, 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995); Olim v. Wakinekona, 461 U.S. 238, 248-49 , 103 S.Ct. 1741 , 75 L.Ed.2d 813 (1983).…

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