Donald Calvin v. Jeri Boe

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 23, 2024
• Docket: 22-35593
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 23 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

DONALD L. CALVIN, No. 22-35593

Plaintiff-Appellant, D.C. No. 3:22-cv-05217-RSM

v. MEMORANDUM* JERI BOE, Superintendent, Clallam Bay Corrections Center; EVANS, Lieutenant, Clallam Bay Corrections Center; JOHN DOE, 1; Officer, Clallam Bay Corrections Center; JOHN DOE, 2; Officer, Clallam Bay Corrections Center; JOHN DOE, 3; Sergeant, Clallam Bay Corrections Center; JOHN DOE, 4; Officer, Clallam Bay Corrections Center; JOHN DOE, 5; Officer, Clallam Bay Corrections Center,

Defendants-Appellees.

Appeal from the United States District Court for the Western District of Washington Ricardo S. Martinez, District Judge, Presiding

Submitted July 16, 2024**

Before: SCHROEDER, VANDYKE, and KOH, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Donald L. Calvin, a Washington state prisoner, appeals pro se from the

district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various

claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a

dismissal under 28 U.S.C. § 1915A. Wilhelm v. Rotman, 680 F.3d 1113, 1118 (9th

Cir. 2012). We vacate and remand.

The district court dismissed Calvin’s action as barred by the applicable

statute of limitations. However, some of Calvin’s allegations relating to prison

officials’ refusal to release him from disciplinary confinement for several months

appear to have taken place less than three years before Calvin filed the complaint.

See Boston v. Kitsap County, 852 F.3d 1182, 1185 (9th Cir. 2017) (under

Washington law, a three-year statute of limitations applies to § 1983 actions).

Because some of Calvin’s action appears to be timely, we vacate the district

court’s judgment and remand for further proceedings, including leave to file an

amended complaint.

The motion for a stay of appellate proceedings (Docket Entry No. 40) is

denied.

VACATED and REMANDED.

2 22-35593