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Plush v. Smitty

United States Court of Appeals, Ninth Circuit
Aug 21, 2003
72 F. App'x 726 (9th Cir. 2003)

Opinion


72 Fed.Appx. 726 (9th Cir. 2003) Cyrus N. PLUSH, Plaintiff--Appellant, v. SMITTY, Defendant--Appellee. No. 03-35397. D.C. No. CV-02-05235-FDB. United States Court of Appeals, Ninth Circuit. August 21, 2003

Submitted August 11, 2003.

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NOT FOR PUBLICATION.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 Western District of Washington, Franklin D. Burgess, District Judge, Presiding.

Before SCHROEDER, Chief Judge, HAWKINS and TASHIMA, 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 provided by Ninth Circuit Rule 36-3.

Cyrus N. Plush, a Washington state prisoner, appeals pro se the district court's judgment dismissing as time-barred his 42 U.S.C. § 1983 action alleging juvenile detention center employees used excessive force against him. We have jurisdiction under 28 U.S.C. § 1291. We review dismissals on statute of limitations grounds de novo. Fink v. Shedler, 192 F.3d 911, 913-14 (9th Cir.1999). We affirm.

The district court properly dismissed Plush's action as untimely because he filed it more than three years after the claims accrued. See Wash. Rev.Code§§ 4.16.080(2) & 4.16.190; Rose v. Rinaldi, 654 F.2d 546, 547 (9th Cir.1981).

Page 727.

Plush's contention that the statute of limitations should have been tolled during his various periods of incarceration lacks merit, because he failed to present evidence supporting equitable tolling or estoppel.

AFFIRMED.


Summaries of

Plush v. Smitty

United States Court of Appeals, Ninth Circuit
Aug 21, 2003
72 F. App'x 726 (9th Cir. 2003)
Case details for

Plush v. Smitty

Case Details

Full title:Cyrus N. PLUSH, Plaintiff--Appellant, v. SMITTY, Defendant--Appellee. D.C…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 21, 2003

Citations

72 F. App'x 726 (9th Cir. 2003)