John Shek v. Children Hospital Research Cen

MEMORANDUM

John Shek appeals pro se from the district court’s judgment dismissing his employment action alleging violations of Title VII, the Age Discrimination in Employment Act (“ADEA”), and the Americans with Disabilities Act (“ADA”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under Fed.R.Civ.P. 12(b)(6), Manzarek v. St. Paul Fire & Marine Ins. Co., 519 F.3d 1025, 1030 (9th Cir.2008), and we affirm.

The district court properly dismissed Shek’s action because Shek’s claims were either time-barred or failed to state a cognizable claim for relief. See 29 U.S.C. §§ 623 (a), 626(d), (e) (setting forth actionable conduct and limitations period under the ADEA); 42 U.S.C. §§ 12112 , 12117(a) (setting forth actionable conduct and procedures for filing suit under the ADA); 42 U.S.C. §§ 2000e-2, 2000e-5(f)(1) (setting forth actionable conduct and limitations period under Title VII).

The district court did not abuse its discretion in denying Shek’s motion to file a second amended complaint because amendment would have been futile. See Hinton v. Pac. Enters., 5 F.3d 391 , 395 (9th Cir.1993) (setting forth standard of review and explaining that a court may…