Unpublished Disposition, 889 F.2d 1095 (9th Cir. 1986)

MEMORANDUM^** 

The dismissal of the First Amended Complaint filed by counsel for the appellants is affirmed. The First Amended Complaint was filed on September 16, 1986. The last act pleaded as a violation of the Civil Rights Act, 42 U.S.C. § 1983 is alleged to have occurred on or before April 19, 1985. Thus, the First Amended Complaint was filed more than one year after the alleged violation of section 1983. An action arising out of conduct pursuant to section 1983 in California is time barred if it is filed more than one year after the violation of the statute occurred. See Wilson v. Garcia, 471 U.S. 261, 275 (1985) (the appropriate statute of limitations for a section 1983 action is that which is applied to personal injury actions in the state in which the alleged violation occurred); See also Cal.Code of Civ.Proc. Sec. 240(3) (the California statute of limitations for personal injury is one year).

The district court did not abuse its discretion in dismissing the pendent state claims without prejudice. Upon dismissal of the section 1983 claim with prejudice because it was time barred, the district court had the discretion to decline to exercise its jurisdiction over the pendent claims. Matek v. Murat, 862 F.2d 720, 732 (9th Cir. 1988). Because we agree with the district court that the section 1983 action was time barred, we need not review the alternative bases for the dismissal.

AFFIRMED.