Joseph Fanucchi v. Patrick Donahoe

MEMORANDUM

Plaintiff Joseph J. Fanucchi, M.D., claims that Defendant Patrick R. Donahoe, U.S. Postmaster General, violated his rights under the Jury System Improvement Act (JSIA) of 1978, 28 U.S.C. § 1875 , when the United States Postal Service (“USPS”) terminated Plaintiffs employment contract because he was selected to serve on a federal grand jury. The district court granted USPS’s motion to dismiss, holding that sovereign immunity barred Plaintiffs claims. The district court did not reach USPS’s alternative arguments that this action is barred by the statute of limitations and that issue preclusion requires dismissal. We may affirm a district court’s dismissal of an action on any ground fairly supported by the record. Beezley v. Fremont Indem. Co., 804 F.2d 530 , 530 n. 1 (9th Cir.1986) (per curiam). Reviewing de novo, we affirm. Edwards v. Mann Park, Inc., 356 F.3d 1058 , 1061 (9th Cir.2004) (stating the standard of review for dismissal under Fed.R.Civ.P. 12(b)(6)).

1. Plaintiffs claims are barred by the statute of limitations. The JSIA contains no statute of limitations. ’ 28 U.S.C. § 1875 . Federal law provides a four-year default statute of limitations for civil actions,…