William Sabatini v. Alex Azar, II

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 22 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WILLIAM L. SABATINI, R.N., CRNA, No. 18-55482
Plaintiff-Appellant, D.C. No. 3:17-cv-01597-AJB-JLB
v.
MEMORANDUM*
ALEX M. AZAR II, Secretary of the United
States Department of Health and Human
Services,
Defendant-Appellee.
Appeal from the United States District Court
for the Southern District of California
Anthony J. Battaglia, District Judge, Presiding
Submitted January 15, 2019**
Before: TROTT, TALLMAN, and CALLAHAN, Circuit Judges.
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,
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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.
2 18-55482