NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 3 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROBERT C. DENHAM, Jr., No. 15-35105
Plaintiff-Appellant, D.C. No. 2:14-cv-00281-RMP
v.
MEMORANDUM*
RICHARD L. CEASE; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of Washington
Rosanna Malouf Peterson, District Judge, Presiding
Submitted October 25, 2016**
Before: LEAVY, GRABER, and CHRISTEN, Circuit Judges.
Robert C. Denham, Jr., appeals pro se from the district court’s judgment
dismissing his 42 U.S.C. § 1983 action challenging his 1973 state conviction for
second degree assault. We have jurisdiction under 28 U.S.C. § 1291. We review
de novo the district court’s dismissal based on the applicable statute of limitations.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Fink v. Shelder, 192 F.3d 911, 913-14 (9th Cir. 1999). We affirm.
The district court properly dismissed Denham’s action as barred by the
applicable three-year statute of limitations. See Wash. Rev. Code § 4.16.080
(three-year statute of limitations for personal injury actions); Bagley v. CMC Real
Estate Corp., 923 F.3d 758, 761-62 (9th Cir. 1991) (a § 1983 claim accrues when
the plaintiff knows or has reason to know of the injury that forms the basis of the
action).
The district court did not abuse its discretion in taking judicial notice of the
state court documents from Denham’s criminal case. See Lee v. City of Los
Angeles, 250 F.3d 668, 688-90 (9th Cir. 2001) (setting forth standard of review).
AFFIRMED.
2 15-35105