Whitney C. Phillips v. Maggie Miller;

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NOT FOR PUBLICATION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
WHITNEY C. PHILLIPS,
Plaintiff - Appellant,
v.
MAGGIE MILLER; et al.,
Defendants - Appellees.
No. 09-35139
D.C. No. 2:08-cv-00298-EFS
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Edward F. Shea, District Judge, Presiding
Submitted May 25, 2010**
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Whitney C. Phillips, a former Washington state prisoner, appeals pro se
from the district court’s judgment dismissing with prejudice his 42 U.S.C. § 1983
FILED
JUN 21 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-35139 2
action alleging that prison officials unlawfully detained him almost three weeks
past his early release date. We have jurisdiction under 28 U.S.C. § 1291. We
review de novo a dismissal under 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d
443, 447 (9th Cir. 2000), and we affirm.
The district court properly concluded that Phillips’s action is barred by the
applicable three-year limitations period. See Wash. Rev. Code § 4.16.080(2); see
also Bagley v. CMC Real Estate Corp., 923 F.2d 758, 760 (9th Cir. 1991).
We deny Phillips’s request for appointment of counsel because he fails to
establish exceptional circumstances for such appointment. See Wilborn v.
Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986).
We do not consider issues raised for the first time on appeal. See Foti v. City
of Menlo Park, 146 F.3d 629, 238 (9th Cir. 1998).
AFFIRMED.

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