NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 3 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
BRIAN ALEXIS, AKA Blagoy Petrov No. 15-55688
Alexiev,
D.C. No. 2:14-cv-09054-ODW-SH
Plaintiff-Appellant,
v. MEMORANDUM*
FEDERAL BUREAU OF
INVESTIGATION, The United States,
official capacity; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Central District of California
Otis D. Wright II, District Judge, Presiding
Submitted September 27, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
Brian Alexis, AKA Blagoy Petrov Alexiev, appeals pro se from the district
court’s judgment dismissing his action alleging federal and state law claims arising
from defendants’ alleged failure to investigate and prosecute an attempted murder.
*
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).
We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal on
the basis of the statute of limitations. Ventura Mobilehome Cmtys. Owners Ass’n
v. City of San Buenaventura, 371 F.3d 1046, 1050 (9th Cir. 2004). We affirm.
The district court properly dismissed Alexis’ action as time-barred because
the statute of limitations defense for his claims appears on the face of his
complaint. See Jablon v. Dean Witter & Co., 614 F.2d 677, 682 (9th Cir. 1980)
(district court may dismiss a claim “[i]f the running of the statute is apparent on the
face of the complaint” and the assertions of the complaint do not permit a showing
that the statute was tolled); see also Sharkey v. O’Neal, 778 F.3d 767, 773 (9th Cir.
2015) (California’s three-year statute of limitations for actions based upon
liabilities created by statute applies to claims under Title II of the Americans with
Disabilities Act); Canatella v. Van De Kamp, 486 F.3d 1128, 1132-33 (9th Cir.
2007) (stating that California’s two-year statute of limitations for personal injury
actions applies to § 1983 claim, and claim “accrues when the plaintiff knows or has
reason to know of the injury which is the basis of the action” (citation and internal
quotation marks omitted)); Van Strum v. Lawn, 940 F.2d 406, 410 (9th Cir. 1991)
(forum state’s statute of limitations for personal injury actions applies to Bivens
claim).
AFFIRMED.
2 15-55688