Thomas Bodnar v. Riverside County Sheriff's Dep

MEMORANDUM

California state prisoner Thomas Bod-nar appeals pro se from the district court’s judgment dismissing as time-barred his 42 U.S.C. § 1983 action alleging excessive force during his arrest. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal on the basis of the applicable statute of limitations and, where the relevant facts are undisputed, its decision whether to apply equitable tolling. Jones v. Blanas, 393 F.3d 918, 926 (9th Cir.2004). We affirm.

The district court properly dismissed Bodnar’s action as time-barred because Bodnar filed this action more than four years after the alleged use of excessive force. See Cal.Civ.Proc.Code §§ 335.1, 352.1(a) (two-year statute of limitations for personal injury claims; limitations period may be tolled for an additional two years for prisoners); Jones, 393 F.3d at 927 (“For actions under 42 U.S.C. § 1983 , courts apply the forum state’s statute of limitations for personal injury actions.”).

The district court properly declined to apply equitable tolling because defendants were not provided timely notice of Bod-nar’s claims given that Bodnar voluntarily dismissed his prior action before…