Velez v. Mohiuddian
Velez v. Mohiuddian
Opinion of the Court
MEMORANDUM
Javier Velez appeals the district court’s dismissal of his Bivens
(1) The Bivens claim was filed more than one year after the alleged wrong. It is time barred. Wilson v. Garcia, 471 U.S. 261, 280, 105 S.Ct. 1938, 1949, 85 L.Ed.2d 254 (1985); Matthews v. Macanas, 990 F.2d 467, 468-69 (9th Cir. 1993); see also Cal.Civ.Proc.Code § 340(3).
Velez contests the certification, claiming Officer Mohiuddin did not act within the scope of her employment. He is wrong. The Attorney General’s certification is “prima facie evidence that a federal employee was acting in the scope of her employment at the time of the incident.” Billings v. United States, 57 F.3d 797, 800 (9th Cir. 1995). If the certification is contested, the party seeking review bears the burden of refuting the certification by a preponderance of the evidence, although we review the district court’s ultimate decision de novo. Id.; see also Clamor v. United States, 240 F.3d 1215, 1216-17 (9th Cir. 2001). Velez did not demonstrate that Officer Mohiuddin failed to act within the scope of her employment; indeed, his evidence shows the contrary.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. Bivens v. Six Unknown Named. Agents of the Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Cl. 1999, 29 L.Ed.2d 619 (1971).
. Velez does not appeal the dismissal of his action against the United States.
. We apply California law to the issue. Clam- or, 240 F.3d at 1217.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.