Opinion
Because the panel unanimously finds this case suitable for decision without oral argument, appellant's request for oral argument is denied. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Prisoner brought action under § 1983 alleging that prison officials denied him access to courts in violation of First Amendment by opening confidential legal mail. The United States District Court for the Eastern District of California, William B. Shubb, Chief Judge, dismissed claims. Prisoner appealed. The Court of Appeals held that claim was time-barred, when it was not filed until more than three years after prisoner knew of alleged injury.
Affirmed.
Page 560.
Appeal from the United States District Court for the Eastern District of California, William B. Shubb, Chief Judge, Presiding.
Before O'SCANNLAIN, SILVERMAN, and GOULD, Circuit Judges.
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.
Jerome Markay, a California state prisoner, appeals pro se the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging that prison officials denied him access to the courts in violation of the First Amendment by opening confidential legal mail at various times between February 1995 and February 1996. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a dismissal based on the statute of limitations, see Williamson v. Gen. Dynamics Corp., 208 F.3d 1144, 1149 (9th Cir.2000), and we affirm.
Because Markay did not file the instant complaint until June 29, 1999, more than three years after he first knew of his injury, the district court properly dismissed his action as time-barred. See Fink v. Shedler, 192 F.3d 911, 914 (9th Cir.1999); Cal.Civ.Proc.Code § 352.1.
AFFIRMED.