Demitrius McGee v. Chamberlin , 599 F. App'x 793 ( 2015 )

FILED
NOT FOR PUBLICATION APR 16 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DEMITRIUS McGEE, No. 14-56173
Plaintiff - Appellant, D.C. No. 3:13-cv-01020-WQH-
JMA
v.
CHAMBERLIN, M.D.; et al., MEMORANDUM*
Defendants - Appellees.
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted April 7, 2015**
Before: FISHER, TALLMAN, and NGUYEN, Circuit Judges.
California state prisoner Demitrius McGee appeals pro se from the district
court’s judgment dismissing his action alleging Eighth Amendment violations in
connection with his medical treatment. We have jurisdiction under 28 U.S.C.
§ 1291. We review de novo the district court’s dismissal of an action as barred by
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
the applicable statute of limitations, Ellis v. City of San Diego, 176 F.3d 1183,
1188 (9th Cir. 1999), and we affirm.
The district court dismissed McGee’s claims as untimely, and he has failed
to make a showing that his claims were not time-barred or entitled to any tolling
beyond that afforded by the district court. See Cal. Civ. Proc. Code §§ 335.1,
352.1(a) (two-year statute of limitations for personal injury claims; two-year
tolling period due to incarceration). Contrary to McGee’s contention, the record
shows that he had adequate notice of the grounds upon which his claims were
dismissed.
AFFIRMED.
2 14-56173