FILED
NOT FOR PUBLICATION JAN 03 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JEFF RUSSELL TRAXTLE, No. 12-35063
Plaintiff - Appellant, D.C. No. 6:11-cv-06142-TC
v.
MEMORANDUM*
SHERRI HOLMAN, Library Coordinator,
Oregon Department of Corrections; DON
MILLS, Superintendent, DOC, Two
Rivers Correctional Institution,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Oregon
Ann L. Aiken, Chief Judge, Presiding
Submitted December 19, 2012**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Oregon state prisoner Jeff Russell Traxtle appeals pro se from the district
court’s judgment dismissing as time-barred his 42 U.S.C. § 1983 action alleging a
*
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).
violation of his constitutional right of access to the courts. We have jurisdiction
under 28 U.S.C. § 1291. We review de novo, Douglas v. Noelle, 567 F.3d 1103,
1106 (9th Cir. 2009), and we affirm.
The district court properly dismissed Traxtle’s action as time-barred because
his access-to-courts claim accrued more than two years before he filed his
complaint. See Or. Rev. Stat. § 12.110(1) (two-year statute of limitations for
personal injury claims); Douglas, 567 F.3d at 1109 (for § 1983 claims, courts
apply the forum state’s statute of limitations for personal injury claims); Morales v.
City of Los Angeles, 214 F.3d 1151, 1154 (9th Cir. 2000) (an access-to-courts
claim accrues when the lower court issues its judgment in the underlying action,
not when the appeals of that judgment have been exhausted).
Traxtle’s reliance on Christopher v. Harbury, 536 U.S. 403 (2002), is
misplaced.
AFFIRMED.
2 12-35063