Ugwueze

(PC) Gann v. Ugwueze

Good Law
United States District Court, Eastern District of CaliforniaApril 27, 20201:19-cv-01350California370 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 NATHANIEL MARCUS GANN, Case No. 1:19-cv-01350-JLT (PC)

Plaintiff,

ORDER DISCHARGING ORDER TO

v. SHOW CAUSE

CDCR, et al., (Doc. 10)

Defendants. 16 The events underlying this action span from January 3, 2015 to February 16, 2017. (See Doc. 1 at 9-27.) Plaintiff initiated this action on September 26, 2019, more than two years later. (See Doc. 1.) In California, the statute of limitations in actions brought pursuant to 42 U.S.C. § 1983 is two years. Jackson v. Barnes, 749 F.3d 755, 761 (9th Cir. 2014). Accordingly, the Court ordered Plaintiff to show cause why this action should not be dismissed as time-barred by the statute of limitations. (Doc. 10.) Plaintiff filed a response to the order to show cause on April 23, 2020. (Doc. 11.) In his response, Plaintiff states that he is serving a sentence of 25 years to life, and he correctly points out that the applicable statute of limitations has been tolled while he…

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