NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 21 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOEL R. GARCIA, No. 16-15780
Plaintiff-Appellant, D.C. No. 2:15-cv-00798-DLR
v.
MEMORANDUM*
DENNIS LEROUX, 7699; STEPHANIE D.
LOW, Maricopa County Attorney
Prosecutor,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Arizona
Douglas L. Rayes, District Judge, Presiding
Submitted April 11, 2017**
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
Joel R. Garcia appeals pro se from the district court’s summary judgment in
his 42 U.S.C. §§ 1983 and 1985 action alleging federal and state law violations
related to his arrest and pretrial detention. We have jurisdiction under 28 U.S.C.
*
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).
§ 1291. We review de novo a determination that an action is time-barred, Furnace
v. Sullivan, 705 F.3d 1021, 1026 (9th Cir. 2013), and we affirm.
The district court properly determined that Garcia’s action was time-barred
because all claims against defendants accrued more than two years before Garcia
filed his complaint. See Ariz. Rev. Stat. § 12-542 (two-year statute of limitations
for personal injury actions); Ariz. Rev. Stat. § 12-821 (one-year statute of
limitations for actions against any public entity or public employee); TwoRivers v.
Lewis, 174 F.3d 987, 991-92 (9th Cir. 1999) (for § 1983 claims, federal courts
apply the forum state’s statute of limitations for personal injury claims, which
begin to accrue “when the plaintiff knows or has reason to know of the injury”).
Garcia has waived his right to challenge defendants’ discovery responses
and objections to his deposition notices. See Yeti by Molly, Ltd. v. Deckers
Outdoor Corp., 259 F.3d 1101, 1108 (9th Cir. 2001) (“A stipulation or the
withdrawal of an objection is tantamount to a waiver of an issue for appeal.”
(citation and internal quotation marks omitted)).
AFFIRMED.
2 16-15780