Ralph Ellis Leyvas, Plaintiff-appellant, v. State of California; Drug Enforcement Administration;james Sherrington, in His Official Capacity As Aspecial Agent of the Dea; County Ofriverside; City of Riverside,defendants-appellees, 12 F.3d 1107 (9th Cir. 1993)

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US Court of Appeals for the Ninth Circuit - 12 F.3d 1107 (9th Cir. 1993)

Submitted Dec. 6, 1993. *Decided Dec. 16, 1993


Before: SNEED, NOONAN and TROTT, Circuit Judges.


MEMORANDUM** 

Richard Leyvas appeals the district court's dismissal, on statute of limitations grounds, of his 42 U.S.C. § 1983 action. He raises one issue on appeal: he asks us to overrule Wilson v. Garcia, 471 U.S. 261 (1985).

Wilson is good law, which we have followed. See, e.g., McDougal v. County of Imperial, 942 F.2d 668, 672-73 (9th Cir. 1991). We cannot overturn a Supreme Court decision. This is a frivolous appeal. We order Leyvas' attorney, John F. Whitfield, Jr., to pay to the County double costs on appeal. Fed. R. App. P. 38.

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3