Charles Podaras v. City of Menlo Park

427 F. App'x 614

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 21, 2011
• Docket: 10-15200
• Status: Unpublished

Opinion

MEMORANDUM ***

Charles Podaras appeals the district court’s dismissal of his Section 1983 civil rights claim. Podaras contends that the district court erred when it dismissed his claim as time barred.

Because Section 1983 does not provide a limitations period, federal courts look to the forum state’s statute of limitations for personal injury torts. Wilson v. Garcia, 471 U.S. 261, 276, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985); Owens v. Okure, 488 U.S. 235, 249-50, 109 S.Ct. 573, 102 L.Ed.2d 594 (1989). In this instance, the applicable statute of limitations is two years. Cal.Civ.Proc.Code section 335.1; Maldonado v. Harris, 370 F.3d 945, 954 (9th Cir.2004). Podaras filed too late.

AFFIRMED.

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