Michael T. Cornethan, Petitioner-appellant, v. Patrick Fitzsimons, Respondent,andcarol Minakami, et al., Respondent-appellee, 956 F.2d 1166 (9th Cir. 1992)

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U.S. Court of Appeals for the Ninth Circuit - 956 F.2d 1166 (9th Cir. 1992) Submitted March 6, 1992. *Decided March 10, 1992

Before EUGENE A. WRIGHT and ALARCON, Circuit Judges, and DAVIES,^** CC ORDER

To the extent Cornethan seeks habeas corpus relief as an original matter in this court, we dismiss for lack of jurisdiction. 28 U.S.C. § 2241, 2253; Parker v. Sigler, 419 F.2d 827 (8th Cir. 1969).

To the extent Cornethan appeals the district court's dismissal of his § 1983 claim, we agree with Judge Sweigert and Judge Dimmick that the statute of limitations bars his claim.

Lacking a basis in law or fact, this appeal is frivolous. See Jackson v. Arizona, 885 F.2d 839 (9th Cir. 1989).

DISMISSED.

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Ninth Circuit Rule 34-4

Honorable John G. Davies, United States District Court, Central District of California, sitting by designation

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