NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 5 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DEMOND MAURICE MIMMS, No. 16-56868
Plaintiff-Appellant, D.C. No. 2:12-cv-10769-DMG-JC
v.
MEMORANDUM*
GAIL LEWIS; OSCAR PENA,
Defendants-Appellees.
Appeal from the United States District Court
for the Central District of California
Dolly M. Gee, District Judge, Presiding
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
Demond Maurice Mimms, a former California state prisoner, appeals pro se
from the district court’s judgment dismissing as time-barred his 42 U.S.C. § 1983
action alleging constitutional claims. We have jurisdiction under 28 U.S.C.
§ 1291. We review de novo. Jones v. Blanas, 393 F.3d 918, 926 (9th Cir. 2004).
*
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 affirm.
The district court properly dismissed Mimms’s action because Mimms filed
his action more than three years after he began serving his prison sentence for his
1998 criminal conviction. See Wallace v. Kato, 549 U.S. 384, 389 (2007) (statute
of limitations begins to run “when the alleged false imprisonment ends” (citation
and internal quotation marks omitted)); Douglas v. Noelle, 567 F.3d 1103, 1109
(9th Cir. 2009) (§ 1983 claims are governed by forum state’s statute of limitations
for personal injury actions); Jones, 393 F.3d at 927 (in California, prior to 2003,
one year statute of limitations applicable to personal injury actions; prisoners
entitled to two years of statutory tolling).
Contrary to Mimms’s contentions, he is not entitled to equitable tolling
because there would be substantial prejudice to defendants in gathering evidence to
defend against Mimms’s claims and because Mimms failed to demonstrate good
faith and reasonable conduct. See Fink v. Shedler, 192 F.3d 911, 916 (9th Cir.
1999) (three-pronged test for equitable tolling in California).
AFFIRMED.
2 16-56868