(PC) Gann v. Ugwueze ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NATHANIEL MARCUS GANN, Case No. 1:19-cv-01350-JLT (PC) 12 Plaintiff, ORDER DISCHARGING ORDER TO 13 v. SHOW CAUSE 14 CDCR, et al., (Doc. 10) 15 Defendants. 16 17 The events underlying this action span from January 3, 2015 to February 16, 2017. (See 18 Doc. 1 at 9-27.) Plaintiff initiated this action on September 26, 2019, more than two years later. 19 (See Doc. 1.) In California, the statute of limitations in actions brought pursuant to 42 U.S.C. § 20 1983 is two years. Jackson v. Barnes, 749 F.3d 755, 761 (9th Cir. 2014). Accordingly, the Court 21 ordered Plaintiff to show cause why this action should not be dismissed as time-barred by the 22 statute of limitations. (Doc. 10.) 23 Plaintiff filed a response to the order to show cause on April 23, 2020. (Doc. 11.) In his 24 response, Plaintiff states that he is serving a sentence of 25 years to life, and he correctly points 25 out that the applicable statute of limitations has been tolled while he has been incarcerated. (Id. at 26 1.) In California, the statute of limitations is tolled for a maximum of two years if and while a 27 plaintiff is imprisoned, unless the plaintiff is serving a sentence of life without the possibility of parole. Cal. Civ. Proc. Code § 352.1(a); Brooks v. Mercy Hosp., 1 Cal. App. 5th 1, 7 (Cal. Ct. 1 App. 2016). Plaintiff also states that it took him more than a year to exhaust his administrative 2 remedies. (Doc. 11 at 1.) The statute of limitations is “tolled while a prisoner completes the 3 mandatory exhaustion process.” Brown v. Valoff, 422 F.3d 926, 943 (9th Cir. 2005) (citations 4 omitted). 5 Based on the above, the Court DISCHARGES its order to show cause (Doc. 10). The 6 Court will screen Plaintiff’s complaint pursuant to 28 U.S.C. § 1915A in due course. 7 IT IS SO ORDERED. 8 9 Dated: April 26, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27