Ted Off v. United States Government

Good Law
472 F. App'x 789
United States Court of Appeals for the Ninth CircuitApril 26, 201210-17389California441 words

Opinion

Opinion

MEMORANDUM

Ted A. Off appeals pro se from the district court’s judgment dismissing his employment action. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, and may affirm on any ground supported by the record: Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008). We affirm.

Dismissal of Offs wrongful termination claims was proper because these claims are time-barred, as Off filed this action over thirteen years after his terminations. See 28 U.S.C. § 2401 (a) (providing that “every civil action commenced against the United States shall be barred unless the complaint is filed within six years after the right of action first accrues”).

The district court properly dismissed Offs claims under the Fair Labor Standards Act (“FLSA”) and Privacy Act as time-barred. See Dent v. Cox Commc’ns Las Vegas, Inc., 502 F.3d 1141, 1144 (9th Cir.2007) (FLSA claims are subject to at most a three-year statute of limitations); 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.”).

The district court properly…

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