U.S. Court of Appeals for the Ninth Circuit, 2010

Ernest Cox, Jr. v. Gregory Harris

Ernest Cox, Jr. v. Gregory Harris
U.S. Court of Appeals for the Ninth Circuit · Decided January 22, 2010 · Beezer, Trott, Bybee
362 F. App'x 860

Ernest Cox, Jr. v. Gregory Harris

Opinion

MEMORANDUM **

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.

**

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

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