Opinion
No. 18-55482
01-22-2019
WILLIAM L. SABATINI, R.N., CRNA, Plaintiff-Appellant, v. ALEX M. AZAR II, Secretary of the United States Department of Health and Human Services, Defendant-Appellee.
NOT FOR PUBLICATION
D.C. No. 3:17-cv-01597-AJB-JLB MEMORANDUM Appeal from the United States District Court for the Southern District of California
Anthony J. Battaglia, District Judge, Presiding Before: TROTT, TALLMAN, and CALLAHAN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
William L. Sabatini appeals pro se from the district court's judgment dismissing as time-barred his Privacy Act action. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Orr v. Bank of Am., NT & SA, 285 F.3d 764, 779-80 (9th Cir. 2002). We affirm.
The district court properly dismissed as time-barred Sabatini's action because Sabatini knew or should have known about his claim more than two years before commencing this action. See Rose v. United States, 905 F.2d 1257, 1259 (9th Cir. 1990) ("The Privacy Act provides a two year statute of limitation, 5 U.S.C. § 552a(g)(5), which commences when the person knows or has reason to know of the alleged violation.").
AFFIRMED.