ALVERTO v. CLINE (2020)

MEMORANDUM **

Jerome Ceasar Alverto appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging excessive force. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Fed. R. Civ. P. 12(b)(6) on the basis of the applicable statute of limitations. Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir. 2004). We affirm.

The district court properly dismissed Alverto's action as time-barred because Alverto filed his action after the applicable statute of limitations had run and failed to allege circumstances that justified equitable tolling. See Wash. Rev. Code § 4.16.080(2) (three-year statute of limitations for personal injury claims); see also Wallace v. Kato, 549 U.S. 384, 387, 394, 127 S.Ct. 1091, 166 L.Ed.2d 973 (2007) (federal courts apply the forum state's personal injury statute of limitations in § 1983 claims; “[w]e have generally referred to state law for tolling rules, just as we have for the length of statutes of limitations”); In re Hoisington, 99 Wash.App. 423, 993 P.2d 296, 300 (2000) (“Appropriate circumstances for equitable tolling include bad faith, deception, or false assurances by the defendant, and the exercise of diligence by the plaintiff.” (citations and internal quotation marks omitted)).

We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

Alverto's motion to correct the record (Docket Entry No. 17) is granted. The Clerk is directed to strike Mark Fry, Timothy Donlin, Paul Pastor, Kathleen Proctor, and Brian Neal Wasankari as defendants.

AFFIRMED.