Nichols v. Hughes

721 F.2d 657 James Joseph NICHOLS, Plaintiff-Appellant, v. E.T. HUGHES, Captain, U.S.N., Commanding Officer, U.S. Naval Air Station, Midway Island, or his servants, agents, or employees, and The Secretary of the Navy, his servants, agents, or employees, Defendants-Appellees. No. 82-4221. United States Court of Appeals, Ninth Circuit. Submitted Sept. 12, 1983. Decided Dec. 6, 1983. James Joseph Nichols, in pro. per. Yoshinori Y.T. Himel, Sacramento, Cal., for defendants-appellees. Appeal from the United States District Court for the Eastern District of California. Before CHOY and NORRIS, Circuit Judges, and CURTIS, * District Judge. CHOY, Circuit Judge: 1 James Nichols brought this suit in 1979 seeking equitable relief for his allegedly wrongful discharge from the Navy in 1957. He did not seek damages. The district court granted summary judgment against him, and he now appeals. We hold that Nichols' claims are barred by the statute of limitation, 28 U.S.C. Sec. 2401 (a). We affirm the judgment of the district court. I. STATEMENT OF FACTS 2 James Nichols was discharged from the Navy on August 13, 1957. His discharge status was listed as "undesirable by reason of unfitness" because…