MARTINEZ v. GOMEZ

No. 96-56208.

137 F.3d 1124 (1998)

Andres M. MARTINEZ, Plaintiff-Appellant, v. James GOMEZ; K.W. Prunty; J. Cuevas; J.W. Davis; G.L. Mudra; G.D. Stanford; W. Owen; M. Atkinson; D. Rockholt; J. Stovall, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 3, 1998.

As Amended May 1, 1998.


Attorney(s) appearing for the Case

Andres M. Martinez, Corcoran, California, pro se appellant.

David H. Robinson, Deputy Attorney General, San Diego, California, for defendants-appellees.

Before: WALLACE, TROTT, and HAWKINS, Circuit Judges.


PER CURIAM:

In this case, we consider whether a prison sentence of life with the possibility of parole falls within California Civil Procedure Code § 352(a)(3), which tolls the statute of limitations for persons "in execution under the sentence of a criminal court for a term less than for life." The district court had jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 1983. We have jurisdiction over this timely filed appeal pursuant to 28 U.S.C. &...

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