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Davis v. California State Personnel Bd.

United States Court of Appeals, Ninth Circuit
Nov 15, 2001
22 F. App'x 793 (9th Cir. 2001)

Opinion


22 Fed.Appx. 793 (9th Cir. 2001) Rickey L. DAVIS, Plaintiff-Appellant, v. CALIFORNIA STATE PERSONNEL BOARD; et al., Defendants-Appellees. No. 01-15377. D.C. No. CV-00-02548-SI. United States Court of Appeals, Ninth Circuit. November 15, 2001

Submitted November 5, 2001 .

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

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Northern District of California Susan Illston, District Judge, Presiding.

Before KLEINFELD, McKEOWN, and FISHER, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

Rickey Davis appeals pro se the district court's dismissal of his action pursuant to 42 U.S.C. § 1983, the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101, and California state law, arising from his termination from state employment. We have jurisdiction pursuant to 28 U.S. C.

Page 794.

§ 1291. We review de novo a district court's dismissal. Barnett v. Centoni, 31 F.3d 813, 816 (9th Cir.1994) (per curiam). We affirm.

The district court properly dismissed Davis' section 1983 claims because they are barred by the statute of limitations. Taylor v. Regents of Univ. of California, 993 F.2d 710, 711 (9th Cir.1993) (per curiam) (stating that section 1983 claims are subject to a one-year statute of limitations).

The district court properly dismissed Davis' ADA claim because he failed to exhaust his administrative remedies before filing this action in district court. See EEOC v. Farmer Bros. Co., 31 F.3d 891, 899 (9th Cir.1994) (stating that plaintiff in discrimination case must exhaust EEOC remedies before filing in federal court).

AFFIRMED.


Summaries of

Davis v. California State Personnel Bd.

United States Court of Appeals, Ninth Circuit
Nov 15, 2001
22 F. App'x 793 (9th Cir. 2001)
Case details for

Davis v. California State Personnel Bd.

Case Details

Full title:Rickey L. DAVIS, Plaintiff-Appellant, v. CALIFORNIA STATE PERSONNEL BOARD…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 15, 2001

Citations

22 F. App'x 793 (9th Cir. 2001)

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