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Johnson v. Harpercollins Publishers, LLC

United States Court of Appeals, Ninth Circuit
Aug 30, 2007
240 F. App'x 217 (9th Cir. 2007)

Opinion

No. 06-35770.

Submitted August 27, 2007.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed August 30, 2007.

Donald Edward Larue Johnson, Jr., Eagle Point, OR, pro se.

Duane A. Bosworth, II, Esq., Kevin H. Kono, Esq., Davis Wright Tremaine, LLP, Portland, OR, for Defendant-Appellee.

Appeal from the United States District Court for the District of Oregon, Ann L. t Aiken, District Judge, Presiding. D.C. . No. CV-O6-00747-ALA.

Before: WALLACE, LEAVY, and THOMAS, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Donald Johnson appeals pro se from the district court's order dismissing his diversity action alleging defendant misappropriated his image by publishing his likeness in a book without his permission. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Rodriguez v. Panayiotou, 314 F.3d 979, 983 (9th Cir. 2002), and we affirm.

The district court properly dismissed Johnson's action as time barred because Johnson failed to file it within the applicable two-year statute of limitations. See Or. Rev. Stat. § 12.110(1).

Contrary to Johnson's assertion, the district court did not err by using the term "pro se" to identify that Johnson represents himself without the assistance of a lawyer. See Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998) (using the term "pro se" to indicate self-representation).

Johnson's request for an injunction, filed with his opening brief, and for default judgment against HarperCollins, received on August 8, 2007, are moot, given that we affirm dismissal.

AFFIRMED.


Summaries of

Johnson v. Harpercollins Publishers, LLC

United States Court of Appeals, Ninth Circuit
Aug 30, 2007
240 F. App'x 217 (9th Cir. 2007)
Case details for

Johnson v. Harpercollins Publishers, LLC

Case Details

Full title:Donald Edward Larue JOHNSON, Jr., Plaintiff-Appellant, v. HARPERCOLLINS…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 30, 2007

Citations

240 F. App'x 217 (9th Cir. 2007)