Opinion
No. 05-15470.
Argued and Submitted February 15, 2007 San Francisco, California.
March 6, 2007.
Appeal from the United States District Court for the District of Arizona, D.C. No. CV-04-00382-SMM, Stephen M. McNamee, District Judge, Presiding.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
On February 23, 2004, Jeffrey James Faulkner, an inmate in the custody of the Arizona Department of Corrections, filed a complaint asserting two causes of action under 42 U.S.C. § 1983. Faulkner appeals the district court's order granting summary judgment to the defendants on the ground that the statute of limitations barred his claims. We affirm.
Because § 1983 does not contain its own statute of limitations, we borrow Arizona's two-year statute of limitations for personal injury actions and apply it to Faulkner's § 1983 claims. Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 974 (9th Cir. 2004); see Ariz. Rev. Stat. § 12-542. Under federal law, the statute of limitations on each claim began running when Faulkner knew or had reason to know of the injury forming the basis of the claim. Knox v. Davis, 260 F.3d 1009, 1013 (9th Cir. 2001). Because Faulkner has resided in Special Management Unit II since April 2000, but did not file his complaint until February 2004, his Eighth Amendment claim is barred by the two-year statute of limitations. Because Faulkner underwent his first classification review in November 2000, his due process claim is likewise barred by the statute of limitations.