Douglas Ashcroft v. State of Oregon, et al, No. 09-35305 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 06 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT DOUGLAS ALLEN ASHCROFT, Plaintiff - Appellant, No. 09-35305 D.C. No. 6:07-cv-01579-HO v. MEMORANDUM * STATE OF OREGON; et al., Defendants - Appellees. Appeal from the United States District Court for the District of Oregon Michael R. Hogan, District Judge, Presiding Submitted September 22, 2010 ** Before: WALLACE, HAWKINS, and THOMAS, Circuit Judges. The district court properly dismissed Douglas Allen Ashcroft s claims as time-barred. See Or. Rev. Stat. §§ 12.110(1), 30.275(9) (two-year statute of limitations for personal injury claims); Jones v. Blanas, 393 F.3d 918, 927 (9th Cir. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 09-35305 2004) ( For actions under 42 U.S.C. § 1983, courts apply the forum state s statute of limitations for personal injury actions[.] ); see also Wallace v. Kato, 549 U.S. 384, 388 (2007) (statute begins to run when the plaintiff has a complete and present cause of action). AFFIRMED. 2 09-35305

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