Free Mandate of 9th Circuit - District Court of Arizona - Arizona

· UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT A
- JEFFREY JAMES FAULKNER, No. 05-15470
` D.C. No. CV—04—00382—SMM
Plaintiff- Appellant,
v.
` JUDGMENT
DORA B. SCHRIRO, Director; et al.,
` iDeféndants i4"Appellees. `S I ` ` ` S `I 0 "f " `S ` " `T
Appeal from the United States District Court for the District of Arizona
- (Phoenix).
This cause came on to be heard on the Transcript ofthe Record from the
United States District Court for the District of Arizona (Phoenix) and was duly ` A
submitted. '
On consideration whereof, it is now here ordered and adjudged by this .
Court, that the judgment of the said District Court in this cause be, and hereby is
AFFIRMED; `
Filed and entered 03/06/07
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Case 2:04-cv—OO382—SI\/II\/I-JRI Document 69 Filed O4/20/2007 Page 1 of 3

J "‘ `°-' ` -I/J?
I NOT FOR PUBLICATION F I L E D
A MAR UB 2007
J UNITED STATES COURT OF APPEALS
y y p R °“'l?§.iii§*QrI5ii%l»*iEt§““
FOR THE NINTH CIRCUIT ` .
JEFFREY JAMES FAULKNER, No. 05-15470 l
Plaintiff- Appellant, D.C. No. CV-04-00382—Sl\/IM
_ _ _ _ _ .____ ._- _,__ __ __ _____.._____ . ,-._ f._ , . . __ , . .. .- - ,*_. .. ...;.-7-, _,. .., _,--.. in
MEMorrAr»roUM* g
DORA B. SCHRIRO; CONRAD LUNA;
BARBARA SHEARER, CO III, sued in
their individual and official, capacities, . I _ . `
Defendants - Appellees. '
Appeal from the United States District Court
for the District of Arizona -
A Stephen M. McNamee, District Judge, Presiding
Argued an-d Submitted February 15, 2007 · J
San Francisco, California _
i Before: GOULD and SMITH, Circuit Judges, and COVELLO, H District Judge. , r _
On February 2, 2004, Jeffrey James Faulkner, an inmate in the custody of I-
the Arizona Department of Corrections, filed a complaint asserting two causes of -
J This disposition is not appropriate for publication and is not
_ precedent except as provided by Ninth Circuit Rule 36-3. .
J. M The Honorable Alfred V. Covello, Senior United States District Judge
for the District of Connecticut, sitting by designation.
Case 2:04-cv—OO382—SI\/II\/I-JRI Document 69 Filed O4/20/2007 Page 2 of 3

j Q ir, V ,
action-under 42 U.S.C. § 1983. Faulkner appeals the district court’s order granting I A
l summary judgment to the defendants on the ground that the statute of limitations l
l barred his claims. We affirm.
Because § 1983 does not contain its own statute of limitations, we borrow
- Arizona’s two-year statute of limitations for personal injury actions and apply it t0 g
Faulkner’s § 1983 claims. Chollrz Ready Mix, [nc. v. Civish, 382 F.3d 969, 974
8 (58c;§§¤H4i".§.§QQA1§;¥Qéfavistae.§ @42.999 osha i&aat¥;1ii1£aftit`&lgtt{t{{£a”EE°”i” iyF"F
_ limitations on each claim began running when Faulkner knew or had reason to
_ knowof the injury forming the basis of the claim. Knox v. Davis, 260 F.3d 1009, l
1013 (9th Cir. 2001). Because Faulkner has resided in- Special Management Unit
II since April 2000, but did not file his complaint until February 2004, his Eighth
h Amendment claim is barred by the two-year statute of limitations. Because
Faulkner underwent his first classification review in November 2000, his due l
process claim is likewise barred by the statute of limitations. A l
- A -- [ re AFFIRMEDI .- I, _ _ _ ._ _r___,.r___.___i1._._. I. . 1
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