Jonathan A. Slaikeu v. Alaska Department of Corrections

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JONATHAN A. SLAIKEU,
Plaintiff-Appellant,
v.
ALASKA DEPARTMENT OF
CORRECTIONS; HAMILTON, First Name
Unknown; Sergeant; BUNDY, First Name
Unknown; CO; JONES, First Name
Unknown; CO; CHRIS LYOU,
Superintendent,
Defendants-Appellees.
No. 23-35120
D.C. No. 3:22-cv-00188-RRB
MEMORANDUM*
Appeal from the United States District Court
for the District of Alaska
Ralph R. Beistline, District Judge, Presiding
Submitted March 26, 2024**
Before: TASHIMA, SILVERMAN, and KOH, Circuit Judges.
Alaska state prisoner Jonathan A. Slaikeu appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate
* 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).
FILED
MAR 29 2024
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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indifference to his safety and due process violations. We have jurisdiction under
28 U.S.C. § 1291. We review de novo a district court’s dismissal on the basis of
the applicable statute of limitations. Lukovsky v. City & County of San Francisco,
535 F.3d 1044, 1047 (9th Cir. 2008). We affirm.
The district court properly dismissed Slaikeu’s action because Slaikeu failed
to file it within the applicable two-year statute of limitations, and failed to allege
facts sufficient to show he was entitled to equitable tolling. See Fink v. Shedler,
192 F.3d 911, 914 (9th Cir. 1999) (§ 1983 claims are subject to the forum state’s
statute of limitations and tolling rules for personal injury claims); Alaska Stat.
§ 09.10.070 (providing two-year statute of limitations for personal injury claims);
Alaska Stat. § 09.10.140(a) (incompetence required for tolling due to mental
illness); see also Jablon v. Dean Witter & Co., 614 F.2d 677, 682 (9th Cir. 1980)
(a complaint may be dismissed as time-barred if the running of the statute of
limitations is apparent on the face of the complaint).
Slaikeu’s motion to seal (Docket Entry No. 30) is granted in part. The Clerk
will maintain under seal Docket Entry Nos. 5, 8, 9, 12, 13, 20, 23, 24, 25, 28, 29,
and 30.

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Slaikeu’s request for a copy of the documents he filed in this appeal, set
forth in his opening brief, is granted. The Clerk will send a copy of Slaikeu’s
filings in this appeal to him. The remainder of Slaikeu’s requests set forth in the
opening brief are denied.
All other pending motions and requests are denied.
AFFIRMED.

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