SABATINI CRNA v. AZAR II (2019)

United States Court of Appeals, Ninth Circuit.

William L. SABATINI, R.N., CRNA, Plaintiff-Appellant, v. Alex M. AZAR II, Secretary of the United States Department of Health and Human Services, Defendant-Appellee.

No. 18-55482

Decided: January 22, 2019

Before: TROTT, TALLMAN, and CALLAHAN, Circuit Judges.

William L. Sabatini, Pro Se Kyle W. Hoffman, Assistant U.S. Attorney, Office of the US Attorney, San Diego, CA, for Defendant-Appellee

MEMORANDUM **

William L. Sabatini appeals pro se from the district court’s judgment dismissing as time-barred his Privacy Act action. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Orr v. Bank of Am., NT & SA, 285 F.3d 764, 779-80 (9th Cir. 2002). We affirm.

The district court properly dismissed as time-barred Sabatini’s action because Sabatini knew or should have known about his claim more than two years before commencing this action. See 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.”).

AFFIRMED.

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