McCoy

MEMORANDUM **

Attorney Waukeen Q. McCoy, an African-American, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1981 action against attorney Angela Alioto and her law firm (“Alioto”) alleging that Alioto refused to honor a fee-sharing agreement with McCoy because of his race. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal of an action on statute of limitations grounds. Azer v. Connell, 306 F.3d 930, 936 (9th Cir.2002). We affirm.

Even assuming the four-year statute of limitations set forth in 28 U.S.C. § 1658 (a) applied to McCoy’s 42 U.S.C. § 1981 action, see Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369 , 124 S.Ct. 1836, 1845 , 158 L.Ed.2d 645 (2004), McCoy’s federal compliant was still untimely filed.

McCoy contends that he first became aware of the injury giving rise to his cause of action under section 1981 in July of 2002, when he learned that Alioto paid a similarly situated Caucasian attorney $2 *327 million in attorney’s fees in a case McCoy also worked on. To the contrary, the record reveals that McCoy alleged in his 1999 state court complaint that on or about May 7, 1999, he learned that…