Usdoa

MEMORANDUM

Norma Jene Mosley appeals pro se from the district court’s judgment dismissing her action challenging her discharge from the Department of the Army. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal of an action as barred by the statute of limitations. Jones v. Blanas, 393 F.3d 918, 926 (9th Cir. 2004). We affirm.

The district court properly dismissed Mosley’s action as time-barred because Mosley filed her action eleven years after the statute of limitations had expired, and failed to show that she is entitled to tolling on the basis of her application for relief before the Army Board for Correction of Military Records, which was filed eight years after the statute of limitations had expired. See Turtle Island Restoration Network v. U.S. Dep’t of Commerce, 438 F.3d 937 , 942-43 (9th Cir. 2006) (six-year statute of limitations applies to challenges under the Administrative Procedures Act, 5 U.S.C. § 702 ); Nichols v. Hughes, 721 F.2d 657, 659 (9th Cir. 1983) (“[A] cause of action for wrongful discharge occurs at the time of discharge.”); Vaughn v. Teledyne, Inc., 628 F.2d 1214, 1218 (9th Cir. 1980) (burden of proving facts that show tolling…