Summary
affirming district court's dismissal of prisoner's civil rights action as time-barred because the plaintiff filed the action more than four years after the alleged deliberate indifference to her serious medical needs
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No. 12-16118 D.C. No. 1:09-cv-01936-DLB
02-19-2013
TANYA LATRICE LAWRENCE, Plaintiff - Appellant, v. BERRY, Doctor; et al., Defendants - Appellees.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Eastern District of California
Dennis L. Beck, Magistrate Judge, Presiding
Lawrence consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c).
Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.
California state prisoner Tanya Latrice Lawrence appeals pro se from the district court's judgment dismissing her 42 U.S.C. § 1983 action alleging deliberate indifference to her serious medical needs as barred by the statute of limitations. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915A. Weilburg v. Shapiro, 488 F.3d 1202, 1205 (9th Cir. 2007). We affirm.
The district court properly dismissed Lawrence's action as time-barred because all claims accrued more than four years before Lawrence filed her complaint. 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); Knox v. Davis, 260 F.3d 1009, 1012-13 (9th Cir. 2001) (§ 1983 actions are governed by the forum state's statute of limitations; a claim accrues when the plaintiff knows or has reason to know of the injury which is the basis of the action; continuing impact from past violations does not cause a claim to accrue anew).
Lawrence's motion requesting a "withdrawal and abeyance," filed on July 27, 2012, is denied as unnecessary.
AFFIRMED.