Grandon v. State ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
MICHAEL D. GRANDON, No. 67917
Appellant,
vs.
THE STATE OF NEVADA; AND CLARK
FILED
COUNTY, NEVADA, JAN I 4 2016
Respondents. TRACIE K. LINDEMAN
CLERK F SUPREME COURT
BY -
ORDER OF AFFIRMANCE DEPUTY CLERK
This is a pro se appeal from district court orders granting
motions to dismiss in a tort and civil rights action. Eighth Judicial
District Court, Clark County; Ronald J. Israel, Judge.
Having considered appellant's appeal statement and the
record on appeal, we perceive no error in the district court's decision
dismissing appellant's complaint as barred by the statute of limitations.
Buzz Stew, LLC v. City of N. Las Vegas, 124 Nev. 224, 227-28, 181 P.3d
670, 672 (2008) (stating that this court reviews de novo an order granting
an NRCP 12(b)(5) motion to dismiss, accepting all factual allegations in
the complaint as true, and drawing all inferences in the plaintiffs favor);
Day v. Zubel, 112 Nev. 972, 977, 922 P.2d 536, 539 (1996) ("The
appropriate accrual date for the statute of limitations is a question of law
only if the facts are uncontroverted."). Appellant stated in his complaint
that his criminal case was dismissed with prejudice on January 28, 2009.
The statute of limitations for his claims therefore commenced on that date.
Day, 112 Nev. at 977-78, 922 P.2d at 539 (holding that the statute of
limitations for tort and civil rights claims commences upon the dismissal
of criminal charges with prejudice). As appellant did not file his complaint
until May 29, 2012, more than two years after the statute of limitations
commenced for his claims, the district court correctly determined that
SUPREME COUFFE
OF
NEVADA
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appellant's claims were barred by the statute of limitations. NRS
11.190(4)(e); see Wilson v. Garcia, 471 U.S. 261, 276 (1985) (holding that a
cause of action under 42 U.S.C. § 1983 is governed by the forum state's
personal injury statute of limitations). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
J.
Harde Ay
Saitta
J.
cc: Hon. Ronald J. Israel, District Judge
Michael D. Grandon
Attorney General/Carson City
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA 2
(0) 1947A are,