Eric Vongrastic Logan, Plaintiff-appellant, v. City of San Diego, Defendant-appellee, 92 F.3d 1192 (9th Cir. 1996)

MEMORANDUM^** 

Eric Vongrastic Logan, a California state prisoner, appeals pro se the district court's summary judgment dismissal of his 42 U.S.C. § 1983 action as barred by the statute of limitations. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a district court's ruling on the appropriate statute of limitations, Taylor v. University of California, 993 F.2d 710, 711 (9th Cir. 1993) (per curiam), cert. denied, 114 S. Ct. 890 (1994), and we affirm.

Federal courts apply the statute of limitations of the state in which the claim arises for section 1983 actions. Wilson v. Garcia, 471 U.S. 261, 269 (1985). State law also determines the application of tolling doctrines. Id. In California, the applicable statute provides for a limitations period of one year from the date the cause of action accrues. See Cal.Civ.Proc.Code § 340(3); Taylor, 993 F.2d at 711.

Because Logan filed this action on May 21, 1993, over a year after he was convicted and sentenced, the district court properly concluded that Logan's claim was barred by the statute of limitations. See Cal.Gov't Code § 945.3; Trimble v. City of Santa Rosa, 49 F.3d 583, 585 (9th Cir. 1995) (per curiam).

Because we conclude that the statute of limitations had run, at the latest, by December 9, 1992, we reject Logan's contention that the action was tolled pursuant to Cal.Civ.Proc.Code § 352.1(a). See Elliot, 25 F.3d at 803.¹ 

AFFIRMED.²