Morris v. Evans et al

Filing 15

ORDER TO SHOW CAUSE Show Cause Response due by 2/1/2013. Signed by Judge Yvonne Gonzalez Rogers on 1/10/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 1/10/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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LEON EUGENE MORRIS,
Plaintiff,

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No. C 10-4010 YGR (PR)
ORDER TO SHOW CAUSE WHY
THE ACTION SHOULD NOT BE
DISMISSED

v.
M.S. EVANS, et al.,
Defendants.

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The original complaint in this federal civil rights action covered a wide variety of

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unrelated prison conditions plaintiff experienced from 2004 to 2006, and listed over sixty

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persons as defendants. The Court dismissed the original complaint, with directions to file an

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amended complaint. Plaintiff was specifically instructed to address the issue that his claims

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are barred by the statute of limitations. He has filed an amended complaint realleging the

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same claims.

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As of 2002, the statute of limitations for civil actions filed in California is two years,

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as set forth at California Civil Procedure Code § 335.1, which is the applicable statute in

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§ 1983 actions. See Maldonado v. Harris, 370 F.3d 945, 954 (9th Cir. 2004). Because an

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inmate suffers from the disability of imprisonment, an inmate has, for claims accruing after

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2002, four years to bring a § 1983 claim for damages in California, i.e., the regular two year

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No. C 10-4010 YGR (PR)
ORDER TO SHOW CAUSE

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period under section 335.1 plus two years during which accrual was postponed due to the

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disability of imprisonment. This tolling provision is unavailable for inmates, who, like

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plaintiff, are sentenced to life without the possibility of parole. Under federal law, a claim

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generally accrues for calculating the statutory limitations period when the plaintiff knows or

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has reason to know of the injury which is the basis of the action. See TwoRivers v. Lewis,

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174 F.3d 987, 991–92 (9th Cir. 1999); Elliott v. City of Union City, 25 F.3d 800, 802 (9th

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Cir. 1994). Although the statute of limitations is an affirmative defense that normally may

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not be raised by the court sua sponte, it may be grounds for sua sponte dismissal of an in

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forma pauperis complaint where the defense is complete and obvious from the face of the

United States District Court
For the Northern District of California

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pleadings or the Court’s own records. See Franklin v. Murphy, 745 F.2d 1221, 1228–30 (9th

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Cir. 1984). That is the situation here: the defense appears complete and obvious from the

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face of the complaint because this action was filed more than four years after the occurrence

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of the acts and omissions alleged in the complaint.

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Plaintiff does not dispute that his claims are untimely filed. He asks the Court to make

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an exception in his case because he tried to pursue these claims before, his actions being

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improperly dismissed by this Court. However, plaintiff’s appeals of these dismissals were

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denied. On such a record, plaintiff has not shown cause why the statute of limitations should

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not bar this action.

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Accordingly, plaintiff, who alleges that he suffers from mental illness, is ordered to

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show cause why the action should not be dismissed on untimeliness grounds. On the record

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before the Court, plaintiff can avoid dismissal only if he can show that he was “insane” at the

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“time the cause of action accrued.” Cal. Code of Civ. Proc. 352(a). If he was insane at such

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time, “the time of the disability” will not count toward the filing period. Id. Plaintiff, then,

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must show that he was insane, not simply mentally ill. For purposes of the tolling provision,

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“the term ‘insane’ has been defined as a condition of mental derangement which renders the

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sufferer incapable of caring for his property or transacting business, or understanding the

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nature or effects of his acts.” Hsu v. Mt. Zion Hospital, 259 Cal. App. 2d 562, 571 (Cal. Ct.

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No. C 10-4010 YGR (PR)
ORDER TO SHOW CAUSE

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App. 1968); cf. Feeley v. Southern Pac. Trans. Co., 234 Cal. App. 3d 949, 952 (Cal. Ct. App.

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1991) (tolling proper for time during which plaintiff was in a coma immediately after the

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injury that gave rise to his cause of action); Snyder v. Boy Scouts of America, 205 Cal. App.

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3d 1318, 1324 (Cal. Ct. App. 1988) (post-traumatic stress disorder does not count as

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“insanity” that tolls the limitations period). There is nothing in the present record showing

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that plaintiff was “incapable of caring for his property or transacting business, or

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understanding the nature or effects of his acts.” In order to make a sufficient showing,

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plaintiff must provide specific details as to the nature and length of his disability. Plaintiff is

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reminded that the statute of limitations can be tolled only for the period during which he was

United States District Court
For the Northern District of California

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in fact insane.
On or before February 1, 2013, plaintiff must show cause why the action should

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not be dismissed. Failure to file by such time will result in the dismissal of the action

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pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute.

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IT IS SO ORDERED.
DATED: January 10, 2013
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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No. C 10-4010 YGR (PR)
ORDER TO SHOW CAUSE