Snowton

MEMORANDUM *

Piper Ellis Snowton (Snowton) appeals an order and final judgment dismissing Snowton’s complaint sua sponte under 28 U.S.C. § 1915 (e)(2). Snowton’s claim was not stated clearly. Liberally construed, Snowton’s papers claim discrimination under 42 U.S.C. § 1983 , and 42 U.S.C. § 1985 , alleging that the hospital fraudulently concealed facts which would have supported a cause of action for medical malpractice. We have jurisdiction and we affirm.

We review de novo. Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). Snowton applied for in forma pauperis status. 28 U.S.C. § 1915 . Under 28 U.S.C. § 1915 (e)(2), the district court may dismiss an in forma pauperis action sua sponte if it appears from the complaint that the action is frivolous. Frivolous actions lack an arguable basis in law or fact. Neitzke v. Williams, 490 U.S. 319, 325 , 109 S.Ct. 1827 , 104 L.Ed.2d 338 (1989). Cal. Civ. Proc. § 340(3) sets a one year statute of limitations for 42 U.S.C. § 1983 and 42 U.S.C. § 1985 claims. The year begins from the date plaintiff learns, or should have learned, of the basis for the claim. Snowton learned of the basis for the claim in 1992. Snowton filed a…