Paul Russell, Plaintiff-appellant, v. Shoshone County; Dan Schierman, Sheriff; Terry Spore,physician Assistant; Bill Seaton, Commissioner; Sherrykrulitz, Commissioner; Jack King, Commissioner; John Does,1--10; Jane Does, 1--10, Unknown Officers, Each in Theirindividual and Official Capacities, Defendants-appellees, 141 F.3d 1178 (9th Cir. 1998)

MEMORANDUM^* 

Paul Russell, an Idaho state prisoner, appeals pro se the district court's summary judgment for defendants dismissing his 42 U .S.C. § 1983 action on statute of limitations grounds. We have jurisdiction pursuant to 28 U.S.C. § 1291.¹  We review de novo the district court's grant of summary judgment, see Freeman v. Arpaio, 125 F.3d 732, 735 (9th Cir. 1997), and we affirm.

When determining the timeliness of § 1983 actions, federal courts borrow state statutes of limitations and all applicable tolling provisions found in state law. See Vaughan v. Grijalva, 927 F.2d 476, 478 (9th Cir. 1991). Thus, the relevant statute of limitations for Russell's cause of action is two years, see Hallstrom v. City of Garden City, 991 F.2d 1473, 1476 (9th Cir. 1992), and this limitation period is tolled for any time Russell was "insane" if this condition existed prior to the accrual of his cause of action, see Idaho Code §§ 5-230 & 5-235.

Upon our review of the record, we conclude that Russell failed to establish the existence of a genuine issue as to the duration of his period of disability. Accordingly, the district court properly granted summary judgment on statute of limitations grounds. See Harper v. Wallingford, 877 F.2d 728, 731 (9th Cir. 1989).

We reject Russell's remaining contentions as meritless.

AFFIRMED.