Darling
(PC) Arena v. Darling
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PETER M. ARENA, No. 2:23-cv-1034 AC P Plaintiff, v. ORDER DARLING, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed a motion to voluntarily dismiss this action. Pursuant to Federal Rule of Civil Procedure 41(a), plaintiff’s motion will be granted and the case will be dismissed without prejudice. With respect to plaintiff’s request that the court inform him how much time he has to re-file the complaint, the court is unable to provide plaintiff with legal advice. However, plaintiff is informed that, in California, the limitations period for filing § 1983 claims is two years from the date the claim accrued, not including any tolling to which plaintiff may be entitled. See TwoRivers v. Lewis, 174 F.3d 987, 991 (9th Cir. 1999) (court applies the forum state’s limitations period for personal injury claims because § 1983 does not contain its own statute of limitations); Jones v. Blanas, 393…