Jackson Bryant Baugus v. Billings Police Department;

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NOT FOR PUBLICATION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
JACKSON BRYANT BAUGUS,
Plaintiff - Appellant,
v.
BILLINGS POLICE DEPARTMENT; et
al.,
Defendants - Appellees.
No. 10-35983
D.C. No. 1:10-cv-00061-RFC
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief Judge, Presiding
Submitted December 19, 2011**
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Federal prisoner Jackson Byrant Baugus appeals pro se from the district
court’s judgment dismissing his action alleging that defendants violated his due
process rights as a result of his car being seized and retained in police custody for
FILED
JAN 10 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-35983 2
over seven years. We have jurisdiction under 28 U.S.C. § 1291. We review de
novo the district court’s dismissal for failure to state a claim under 28 U.S.C.
§§ 1915A or 1915(e)(2)(B)(ii). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.
2000); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). We
affirm.
The district court properly dismissed Baugus’s action as time-barred. See
Mont. Code Ann. § 27-2-204(1) (three-year statute of limitations for personal
injury claims); Jones v. Blanas, 393 F.3d 918, 927 (9th Cir. 2004) (“For actions
under 42 U.S.C. § 1983, courts apply the forum state’s statute of limitations for
personal injury actions[.]”); see also Wallace v. Kato, 549 U.S. 384, 391 (2007)
(“The cause of action accrues even though the full extent of the injury is not then
known or predictable.” (citation and internal quotation marks omitted)).
Baugus’s remaining contentions, including that the district court improperly
denied his motion to proceed in forma pauperis, are unpersuasive.
AFFIRMED.

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