Tanya Lawrence v. Dr. Berry

U.S. Court of Appeals for the Ninth Circuit
Tanya Lawrence v. Dr. Berry, 509 F. App'x 656 (9th Cir. 2013)

Tanya Lawrence v. Dr. Berry

Opinion

MEMORANDUM ***

California state prisoner Tanya Latrice Lawrence appeals pro se from the district court’s judgment dismissing her 42 U.S.C. § 1983 action alleging deliberate indifference to her serious medical needs as barred by the statute of limitations. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915A. Weilburg v. Shapiro, 488 F.3d 1202, 1205 (9th Cir. 2007). We affirm.

The district court properly dismissed Lawrence’s action as time-barred because all claims accrued more than four years before Lawrence filed her complaint. See Cal.Civ.Proc.Code §§ 335.1, 352.1(a) (two-year statute of limitations for personal injury claims; limitations period may be tolled for an additional two years for prisoners); Knox v. Davis, 260 F.3d 1009, 1012-13 (9th Cir. 2001) (§ 1983 actions are governed by the forum state’s statute of limitations; a claim accrues when the plaintiff knows or has reason to know of the injury which is the basis of the action; continuing impact from past violations does not cause a claim to accrue anew).

Lawrence’s motion requesting a “withdrawal and abeyance,” filed on July 27, 2012, is denied as unnecessary.

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
Tanya Latrice LAWRENCE, Plaintiff-Appellant, v. BERRY, Doctor; Et Al., Defendants-Appellees
Status
Unpublished