United States v. Rodney Joseph, Jr.

Jan 10, 2012
09-10289, 09-10441, 09-10499, 10-10114
Versions:

Each party shall bear its own costs on appeal.

AFFIRMED in part; REVERSED in part; and REMANDED.

Jackson Bryant Baugus, Terre Haute, IN, pro se.

Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.

MEMORANDUM **

Federal prisoner Jackson Bryant Baugus appeals pro se from the district court‘s judgment dismissing his action alleging that defendants violated his due process rights as a result of his car being seized and retained in police custody for over seven years. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court‘s dismissal for failure to state a claim under 28 U.S.C. §§ 1915A or 1915(e)(2)(B)(ii). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). We affirm.

The district court properly dismissed Baugus‘s action as time-barred. See Mont. Code Ann. § 27-2-204(1) (three-year statute of limitations for personal injury claims); Jones v. Blanas, 393 F.3d 918, 927 (9th Cir. 2004) (“For actions under 42 U.S.C. § 1983, courts apply the forum state‘s statute of limitations for personal injury actions[.]“); see also Wallace v. Kato, 549 U.S. 384, 391 (2007) (“The cause of action accrues even though the full extent of the injury is not then known or predictable.” (citation and internal quotation marks omitted)).

Baugus‘s remaining contentions, including that the district court improperly denied his motion to proceed in forma pauperis, are unpersuasive.

AFFIRMED.

Notes

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