From Casetext: Smarter Legal Research

Mitchell v. City of Los Angeles

United States Court of Appeals, Ninth Circuit
Nov 6, 2008
299 F. App'x 719 (9th Cir. 2008)

Opinion

No. 07-56155.

Submitted October 28, 2008.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed November 6, 2008.

Henry M. Mitchell, Jr., Susanville, CA, pro se.

Blithe Smith Bock, Janet Bogigian, Esquire, Assistant City, Los Angeles City Attorney's Office, Los Angeles, CA, for Defendants-Appellees.

Appeal from the United States District Court for the Central District of California, Gary A. Feess, District Judge, Presiding. D.C. No. CV-06-07704-GAF.

Before: HAWKINS, RAWLINSON, and M. SMITH, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Henry M. Mitchell, Jr., appeals pro se from the district court's dismissal of his 42 U.S.C. § 1983 action as untimely. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Papa v. United States, 281 F.3d 1004, 1009 (9th Cir. 2002), and we affirm.

The district court properly dismissed Mitchell's complaint because he failed to file his action within the governing statute of limitations. See Carpinteria Valley Farms, Ltd. v. County of Santa Barbara, 344 F.3d 822, 828 (9th Cir. 2003) ("The applicable statute of limitations for actions brought pursuant to 42 U.S.C. § 1983 is the forum state's statute of limitations for personal injury actions."); Elliott v. City of Union City, 25 F.3d 800, 802 (9th Cir. 1994) (explaining that the statute of limitations for personal injury actions in California was one year); Cabrera v. City of Huntington Park, 159 F.3d 374, 381 (9th Cir. 1998) (holding that, as a general rule, an excessive force claim under § 1983 accrues on the date that the force occurs).

Mitchell's remaining contentions are unpersuasive.

AFFIRMED.


Summaries of

Mitchell v. City of Los Angeles

United States Court of Appeals, Ninth Circuit
Nov 6, 2008
299 F. App'x 719 (9th Cir. 2008)
Case details for

Mitchell v. City of Los Angeles

Case Details

Full title:Henry M. MITCHELL, Jr., aka Henry Hayes, Plaintiff-Appellant, v. CITY OF…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 6, 2008

Citations

299 F. App'x 719 (9th Cir. 2008)

Citing Cases

Bratt v. Carlsbad Police Dep't

Mem. at 5-6. To evaluate this argument, the Court must determine (1) when his cause of action accrued; (2)…