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No. 8648268
United States Court of Appeals for the Ninth Circuit
Givens v. City & County of San Francisco
No. 8648268 · Decided March 10, 2008
No. 8648268·Ninth Circuit · 2008·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
March 10, 2008
Citation
No. 8648268
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Francois Givens, a California state prisoner, appeals pro se the district court’s dismissal of his 42 U.S.C. § 1983 action on statute of limitations grounds. Because the district court dismissed the complaint on initial screening, pursuant to 28 U.S.C. § 1915A, without leave to amend, Givens had no opportunity to argue that the statute of limitations should have been equitably tolled. See Cervantes v. City of San Diego, 5 F.3d 1273, 1276-77 (9th Cir.1993) (noting dismissal on statute of limitations grounds is disfavored where matters outside the complaint are not considered and where equitable tolling may apply). We *686 vacate and remand for the district court to determine in the first instance whether equitable tolling applies to the circumstance of this ease. VACATED and REMANDED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Francois Givens, a California state prisoner, appeals pro se the district court’s dismissal of his 42 U.S.C.
Key Points
01MEMORANDUM ** Francois Givens, a California state prisoner, appeals pro se the district court’s dismissal of his 42 U.S.C.
02Because the district court dismissed the complaint on initial screening, pursuant to 28 U.S.C.
03§ 1915A, without leave to amend, Givens had no opportunity to argue that the statute of limitations should have been equitably tolled.
04City of San Diego, 5 F.3d 1273, 1276-77 (9th Cir.1993) (noting dismissal on statute of limitations grounds is disfavored where matters outside the complaint are not considered and where equitable tolling may apply).
Frequently Asked Questions
MEMORANDUM ** Francois Givens, a California state prisoner, appeals pro se the district court’s dismissal of his 42 U.S.C.
FlawCheck shows no negative treatment for Givens v. City & County of San Francisco in the current circuit citation data.
This case was decided on March 10, 2008.
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