Jerome T. Scaife, Plaintiff-appellant, v. Annette M. Jackson, Counsel Kansas City, Kansas, Wyandottecounty Municipality; Scott Taliaferro, Prosecutor Atwyandotte County Courthouse, Kansas City, Kansas; Leoclegg, Police Officer at Kansas City, Kansas Policedepartment, Defendants-appellees, 69 F.3d 548 (10th Cir. 1995)

ORDER AND JUDGMENT¹ 

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.

Plaintiff Jerome T. Scaife has previously filed two petitions for federal habeas corpus relief in this court, the first in 1992. He filed this action on February 15, 1995, for relief pursuant to 42 U.S.C.1983 and 1988.

The events that petitioner alleges give rise to his complaint occurred in 1989. In examining a statute of limitations period for section 1983 actions, courts have turned to state law. See Board of Regents v. Tomanio, 446 U.S. 478, 483-84 (1980). The appropriate statute of limitations in this case is two years. See Kan. Stat. Ann. 60-513(a) (4). Petitioner argues that equitable considerations tolled the statute of limitations. We have reviewed his claims and determine that the statute of limitations has expired. We GRANT in forma pauperis status and AFFIRM the decision of the district court.

The mandate shall issue forthwith.