John Michaud v. Robert Bannister;

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHN MICHAUD,
Plaintiff - Appellant,
v.
ROBERT BANNISTER; et al.,
Defendants - Appellees.
No. 09-17229
D.C. No. 2:08-cv-01371-RCJ-PAL
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Robert C. Jones, District Judge, Presiding
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and W. FLETCHER, Circuit Judges.
John Michaud, a Nevada state prisoner, appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate
indifference to medical needs in connection with his cataracts. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo, Cholla Ready Mix, Inc.
FILED
DEC 27 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T O F AP PE ALS

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09-17229 2
v. Civish, 382 F.3d 969, 973 (9th Cir. 2004), and we affirm in part, reverse in part,
and remand.
The district court properly dismissed as time-barred Michaud’s claims
regarding his requests for surgery in 2003 and 2005. See Perez v. Seevers, 869
F.2d 425, 426 (9th Cir. 1989) (per curiam) (applying Nevada’s two-year statute of
limitations for personal injury claims to a § 1983 claim).
However, Michaud’s claims regarding access to medical care in 2007 and
2008 are not time-barred solely because he had already been denied surgery in
previous years. See TwoRivers v. Lewis, 174 F.3d 987, 991-92 (9th Cir. 1999) (a
deliberate indifference claim accrues when the prisoner “knew or had reason to
know of the [prison] employees’ deliberate indifference to his medical needs”).
Michaud concedes on appeal that his claims for injunctive relief are moot.
Accordingly, we reverse and remand for further proceedings solely on Michaud’s
claims for damages regarding access to medical care in 2007 and 2008.
Defendants shall bear Michaud’s costs on appeal.
AFFIRMED in part, REVERSED in part, and REMANDED.

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