Smith v. Department of Education

MEMORANDUM **

Neale E. Smith appeals pro se from the district court’s order dismissing his civil rights complaint against the U.S. Department of Education, the Secretary of the Department of Education, the Arizona Board of Regents, the University of Arizona, and several individuals, alleging, inter alia, a claim under the Age Discrimination Act (“ADA”) in connection with the denial of his application for admission to graduate programs at the University of Arizona in 1998, 1999, and 2001. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim, Kimes v. Stone, 84 F.3d 1121, 1126 (9th Cir.1996). We affirm the dismissal of Smith’s third amended complaint.

The district court properly dismissed Smith’s claims naming Terence Langendoen, Thomas Bever, and Thomas Hixon, because those claims relate to Smith’s 1998 and 1999 denial of admission to the University of Arizona’s linguistic program and therefore are time-barred. See Ariz.Rev.Stat. § 12-542(1) (establishing two year statute of limitations); De Luna v. Farris, 841 F.2d 312, 315 (9th Cir.1988).

The district court properly dismissed Smith’s claims against the University of…