From Casetext: Smarter Legal Research

Cox v. Harris

United States Court of Appeals, Ninth Circuit
Jan 22, 2010
362 F. App'x 860 (9th Cir. 2010)

Opinion

No. 08-16252.

Submitted January 11, 2010.

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

Filed January 22, 2010.

Ernest Lee Cox, Jr., lone, CA, for Plaintiff-Appellant.

Neah Huynh, Deputy Attorney General, AGCA-Office of the California Attorney General, Ssn Francisco, CA, for Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California, James Ware, District Judge, Presiding. D.C. No. 5:03-cv-03961-JW.

Before: BEEZER, TROTT, and BYBEE, Circuit Judges.



MEMORANDUM

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

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 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.


Summaries of

Cox v. Harris

United States Court of Appeals, Ninth Circuit
Jan 22, 2010
362 F. App'x 860 (9th Cir. 2010)
Case details for

Cox v. Harris

Case Details

Full title:Ernest Lee COX, Jr., Plaintiff-Appellant, v. Gregory HARRIS; et al.…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jan 22, 2010

Citations

362 F. App'x 860 (9th Cir. 2010)