Ernest Cox, Jr. v. Gregory Harris , 362 F. App'x 860 ( 2010 )


Menu:
  •                                                                              FILED
    NOT FOR PUBLICATION                              JAN 22 2010
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                       U .S. C O U R T OF APPE ALS
    FOR THE NINTH CIRCUIT
    ERNEST LEE COX, JR.,                              No. 08-16252
    Plaintiff - Appellant,              D.C. No. 5:03-cv-03961-JW
    v.
    MEMORANDUM *
    GREGORY HARRIS; et al.,
    Defendants - Appellees.
    Appeal from the United States District Court
    for the Northern District of California
    James Ware, District Judge, Presiding
    Submitted January 11, 2010 **
    Before:        BEEZER, TROTT, and BYBEE, Circuit Judges.
    Ernest Lee Cox, Jr., a California state prisoner, appeals pro se from the
    district court’s judgment dismissing as untimely his 42 U.S.C. § 1983 action
    *
    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).
    JK/Research
    alleging deliberate indifference to his safety. We have jurisdiction under 28 U.S.C.
    § 1291. We review de novo. Canatella v. Van De Kamp, 
    486 F.3d 1128
    , 1132
    (9th Cir. 2007). We affirm.
    The district court properly dismissed the action as time-barred because Cox
    filed suit after the applicable statute of limitations and statutory tolling period had
    expired. See 
    id. at 1132-33
    (explaining that a one-year statute of limitations
    applies to any cause of action that was more than one-year old as of January 1,
    2003). Moreover, Cox was not eligible for equitable tolling under California’s
    tolling provisions. See Cervantes v. City of San Diego, 
    5 F.3d 1273
    , 1275 (9th Cir.
    1993) (setting forth applicable tolling criteria).
    Cox’s remaining contentions are unpersuasive.
    AFFIRMED.
    JK/Research                                 2                                     08-16252
    

Document Info

Docket Number: 08-16252

Citation Numbers: 362 F. App'x 860

Filed Date: 1/22/2010

Precedential Status: Non-Precedential

Modified Date: 1/12/2023