RAYNOLDS MORRIS v. BUELL E6569 (2018)

MEMORANDUM **

Denise Raynolds-Morris appeals pro se from the district court’s judgment dismissing her 42 U.S.C. § 1983 action alleging federal and state law claims arising from her arrest. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s dismissal on the basis of the statute of limitations. Jones v. Blanas, 393 F.3d 918, 926 (9th Cir. 2004). We affirm.

The district court properly dismissed Raynolds-Morris’ action as time-barred because Raynolds-Morris failed to file her action within the applicable statute of limitations or establish any basis for equitable tolling. See Cal. Civ. Proc. Code. § 335.1 (two-year statute of limitations for personal injury claims); Jones, 393 F.3d at 927 (statute of limitations for § 1983 claims is governed by the forum state’s limitation period for personal injury claims, including state law regarding tolling); Fink v. Shedler, 192 F.3d 911, 916 (9th Cir. 1999) (test for equitable tolling in California); see also Cal. Gov’t Code § 945.6(a) (setting forth time limitations for commencing action against public entity).

We do not consider arguments or facts that were not presented to the district court. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999).

AFFIRMED.