Long

MEMORANDUM *

Plaintiff-Appellant, Jeffery Long (“Long”), filed a complaint two days after the expiration of the statute of limitations alleging that his former employer, the Internal Revenue Service, discriminated against him due to his disability. The district court entered summary judgment against Long concluding that he was not entitled to equitable tolling of the 90-day statute of limitations and his complaint was therefore time-barred. Long appeals contending that equitable tolling is warranted because he was hospitalized during the first eight days of the 90-day limitations period. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

At the outset, both parties contend that the district court’s decision not to apply equitable tolling is reviewed for abuse of discretion. That is incorrect. Because the facts here are not disputed, the equitable tolling decision is a legal question which we review de novo. Valenzuela v. Kraft, Inc., 801 F.2d 1170, 1172 (9th Cir.1986), amended by 815 F.2d 570 (9th Cir.1987).

When the Equal Employment Opportunity Commission dismisses a claim, it must inform the claimant and that he has ninety days to bring a civil action. 42 U.S.C. §…