Filed: Apr. 15, 2020
Latest Update: Apr. 15, 2020
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 15 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT FALASHA ALI, No. 18-15193 Plaintiff-Appellant, D.C. No. 2:15-cv-02171-KJD-GWF v. MEMORANDUM* CITY OF NORTH LAS VEGAS; JOSEPH CHRONISTER, Defendants-Appellees. Appeal from the United States District Court for the District of Nevada Kent J. Dawson, District Judge, Presiding Submitted April 7, 2020** Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges. Former pretri
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 15 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT FALASHA ALI, No. 18-15193 Plaintiff-Appellant, D.C. No. 2:15-cv-02171-KJD-GWF v. MEMORANDUM* CITY OF NORTH LAS VEGAS; JOSEPH CHRONISTER, Defendants-Appellees. Appeal from the United States District Court for the District of Nevada Kent J. Dawson, District Judge, Presiding Submitted April 7, 2020** Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges. Former pretria..
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NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 15 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
FALASHA ALI, No. 18-15193
Plaintiff-Appellant, D.C. No. 2:15-cv-02171-KJD-GWF
v.
MEMORANDUM*
CITY OF NORTH LAS VEGAS; JOSEPH
CHRONISTER,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Nevada
Kent J. Dawson, District Judge, Presiding
Submitted April 7, 2020**
Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges.
Former pretrial detainee Falasha Ali appeals pro se from the district court’s
judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations
arising from Ali’s pretrial detention. We have jurisdiction under 28 U.S.C. § 1291.
We review de novo. Hebbe v. Pliler,
627 F.3d 338, 341 (9th Cir. 2010) (dismissal
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
under Fed. R. Civ. P. 12(b)(6)); Lukovsky v. City & County of San Francisco,
535
F.3d 1044, 1047 (9th Cir. 2008) (dismissal based on the statute of limitations). We
affirm.
The district court properly dismissed Ali’s action as untimely because Ali
filed this action more than two years after his claims accrued. See Rosales-
Martinez v. Palmer,
753 F.3d 890, 895 (9th Cir. 2014) (explaining that forum
state’s personal injury statute of limitations applies to § 1983 claims and Nevada’s
relevant statute of limitations is two years). Furthermore, Ali failed to establish
that his previous action was a basis for equitable tolling.
The district court did not abuse its discretion by denying Ali’s third motion
for an extension of time to file an opposition to defendants’ motion to dismiss
because Ali failed to demonstrate good cause. See Ahanchian v. Xenon Pictures,
Inc.,
624 F.3d 1253, 1258-60 (9th Cir. 2010) (setting forth standard of review and
discussing good cause requirement for extensions of time).
The district court did not abuse its discretion by denying Ali’s motion under
Federal Rule of Civil Procedure 59(e) because Ali failed to demonstrate any basis
for relief from the judgment. See Sch. Dist. No. 1J, Multnomah Cty., Or. v.
ACandS, Inc.,
5 F.3d 1255, 1262-63 (9th Cir. 1993) (setting forth standard of
review and grounds for relief under Rule 59(e)).
We do not consider matters not specifically and distinctly raised and argued
2 18-15193
in the opening brief, or arguments and allegations raised for the first time on
appeal. See Padgett v. Wright,
587 F.3d 983, 985 n.2 (9th Cir. 2009). We do not
consider documents not presented to the district court. See United States v. Elias,
921 F.2d 870, 874 (9th Cir. 1990).
AFFIRMED.
3 18-15193