(PC) Arena v. Darling ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PETER M. ARENA, No. 2:23-cv-1034 AC P 12 Plaintiff, 13 v. ORDER 14 DARLING, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a motion to voluntarily dismiss this 18 action. Pursuant to Federal Rule of Civil Procedure 41(a), plaintiff’s motion will be granted and 19 the case will be dismissed without prejudice. With respect to plaintiff’s request that the court 20 inform him how much time he has to re-file the complaint, the court is unable to provide plaintiff 21 with legal advice. However, plaintiff is informed that, in California, the limitations period for 22 filing § 1983 claims is two years from the date the claim accrued, not including any tolling to 23 which plaintiff may be entitled. See TwoRivers v. Lewis, 174 F.3d 987, 991 (9th Cir. 1999) 24 (court applies the forum state’s limitations period for personal injury claims because § 1983 does 25 not contain its own statute of limitations); Jones v. Blanas, 393 F.3d 918, 927 (9th Cir. 2004) 26 (California limitations period for personal injury claims is two years (citing Cal. Code Civ. Proc. 27 § 335.1)). 28 //// ] Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiffs motion to voluntarily dismiss this case (ECF No. 7) is GRANTED; 3 2. This action is dismissed without prejudice; and 4 3. The Clerk of the Court is directed to close this case. 5 || DATED: July 6, 2023 ~ 6 AMhun—Clorne ALLISON CLAIRE 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28