Francine Bailey v. Southwest Montana Drug Task Fo

U.S. Court of Appeals for the Ninth Circuit December 14, 2009

Francine Bailey v. Southwest Montana Drug Task Fo, 356 F. App'x 926 (9th Cir. 2009)

Opinion

MEMORANDUM **

Francine E. Bailey and others appeal from the district court’s order dismissing as time-barred their 42 U.S.C. § 1983 against Montana Department of Corrections employee Don Kelly. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s dismissal based on the statute of limitations, Papa v. United States, 281 F.3d 1004, 1008-09 (9th Cir. 2002), and we affirm.

The district court properly determined that, because appellants voluntarily discontinued their state court case, they were not allowed an additional year to file a complaint on the same subject matter. See Mont.Code Ann. § 27-2-204 (2007) (extending statute of limitations period for timely state court claims “terminated in any other manner than by voluntary discontinuance.”).

Appellants remaining contentions are unpersuasive.

All pending motions are denied.

AFFIRMED.

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

Reference

Full Case Name: Francine E. BAILEY; Et Al., Plaintiffs-Appellants, v. Don KELLY, Defendant-Appellee and Southwest Montana Drug Task Force, an Agency of the State of Montana; Et Al., Defendants
Status: Unpublished