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SILVA v. CRAIN

No. 98-15281.

169 F.3d 608 (1999)

David Minton SILVA, Plaintiff-Appellant, v. Andy CRAIN; Michael Rotkin, in his official capacity as mayor; City of Santa Cruz, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 26, 1999.

Attorney(s) appearing for the Case

James Moore King, Santa Cruz, California, for the plaintiff-appellant.

Anthony P. Condotti, Atchison & Barisone, Santa Cruz, California, for the defendants-appellees.

Before: SCHROEDER, FERNANDEZ, and SILVERMAN, Circuit Judges.

FERNANDEZ, Circuit Judge:

David Minton Silva appeals the district court's determination that his action under 42 U.S.C. § 1983 is barred by California's general residual one year statute of limitations for tort actions. See Cal.Civ.Proc.Code § 340(3). He asserts that the statute of limitations which applies when damage claims are presented to public agencies should be used. See Cal. Gov't Code §§ 945.6(a), 950.6(b). We affirm.

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