BRANDON MAXFIELD V. GLENN FAIRALL, No. 11-35944 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 19 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT BRANDON MAXFIELD, Plaintiff - Appellant, No. 11-35944 D.C. No. 6:11-cv-00285-TC v. MEMORANDUM * GLENN FAIRALL, Defendant - Appellee. Appeal from the United States District Court for the District of Oregon Michael R. Hogan, District Judge, Presiding Submitted November 13, 2012 ** Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges. Oregon state prisoner Brandon Maxfield appeals pro se from the district court s judgment dismissing his 42 U.S.C. § 1983 action alleging excessive force as barred by the statute of limitations. We have jurisdiction under 28 U.S.C. * 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). § 1291. We review de novo. Lukovsky v. City & County of San Francisco, 535 F.3d 1044, 1047 (9th Cir. 2008). We affirm. The district court properly dismissed the complaint as time-barred because Maxfield filed it after the statute of limitations had run. See Or. Rev. Stat. § 12.110(1) (two-year statute of limitations for personal injury claims); Douglas v. Noelle, 567 F.3d 1103, 1109 (9th Cir. 2009) ( State law governs the statute of limitations period for § 1983 suits and closely related questions of tolling. ). The district court properly rejected Maxfield s equitable tolling argument because Oregon law does not allow tolling during periods of imprisonment. See Douglas, 567 F.3d at 1109. The district court properly rejected Maxfield s equitable estoppel argument because Maxfield failed to allege a basis for estoppel. See Philpott v. A.H. Robins Co., Inc., 710 F.2d 1422, 1425 (9th Cir. 1983) (for equitable estoppel to apply, there must be an affirmative inducement by defendant that delayed plaintiff from timely filing suit). AFFIRMED. 2 11-35944

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