Opinion
No. CIV S-11-1105 DAD P.
May 26, 2011
ORDER
Plaintiff, a state prisoner proceeding pro se, has requested that this action be dismissed. Pursuant to Fed.R.Civ.P. 41(a), plaintiff's request shall be honored.
Plaintiff is cautioned that the statute of limitations for the bringing of an action pursuant to 42 U.S.C. § 1983 in California is two-years. See Maldonado v. Harris, 370 F.3d 945, 954-55 (9th Cir. 2004). However, California prisoners, serving a term of less than life in prison, are entitled to two-years of statutory tolling pursuant to California Code of Civil Procedure § 352.1(a). Moreover, the statute of limitations is tolled while a prisoner completes the process of exhausting administrative remedies. See Brown v. Valoff, 422 F.3d 926, 943 (9th Cir. 2005).
Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice.
DATED: May 25, 2011.