Opinion
No. 57146.
09-15-2011
Richard McINTYRE, Appellant, v. CHIEF OF POLICE, RENO; Benjamin Lancaster ; Steven Mayfield ; and Reed Thomas, Respondents.
Richard Clifford McIntyre Reno City Attorney
Richard Clifford McIntyre
Reno City Attorney
ORDER OF AFFIRMANCE
This is a proper person appeal from a district court dismissal in a civil rights action. Second Judicial District Court, Washoe County; Brent T. Adams, Judge.
Upon de novo review, we conclude that the district court did not err in dismissing appellant's complaint as untimely. See Milton v.. State, Dep't of Prisons, 119 Nev. 163, 164, 68 P.3d 895, 895 (2003) (reviewing appellant's claim that he had complied with the applicable statute of limitations de novo). Although appellant asserts that he mailed the complaint before the statute of limitations had expired, the “prison mailbox rule” does not apply to the filing of pleadings commencing a civil action. Id. at 165, 68 P.3d at 896. As appellant's complaint was filed in the district court after the statute of limitations had expired, see Wallace v. Kato, 549 U.S. 384, 387 (2007) (explaining that the statute of limitations for a 42 U.S.C. § 1983 claim is “that which the State provides for personal-injury torts”); NRS 11.190(4)(e) (providing that the statute of limitations for personal injury actions is two years), we
ORDER the judgment of the district court AFFIRMED.