Henderson v. Robertson

MEMORANDUM ^**

Glenn Henderson appeals pro se from the district court’s order dismissing his diversity action alleging medical malpractice in 1959 or 1960. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Fannucchi & Limi Farms v. United Agri Products, 414 F.3d 1075, 1080 (9th Cir.2005), and we affirm.

The district court properly dismissed Henderson’s action as time-barred because, whether N.C. Gen.Stat. § 1 — 15(c) applies, or Cal. Civ. Proc. § 340.5 applies, according to his own pleadings, Henderson’s action accrued more than the requisite period before he filed his complaint.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.