FILED
NOT FOR PUBLICATION MAR 06 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
GREGORY R. SOUSA, No. 10-56752
Plaintiff - Appellant, D.C. No. 2:10-cv-05116-RGK-
AGR
v.
CONTRACT SERVICES MEMORANDUM *
ADMINISTRATION TRUST FUND, a
business of unknown form,
Defendant - Appellee.
Appeal from the United States District Court
for the Central District of California
R. Gary Klausner, District Judge, Presiding
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Gregory R. Sousa appeals pro se from the district court’s order dismissing
on the basis of the applicable statute of limitations his action alleging violations of
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
the Uniform Services Employment and Reemployment Rights Act of 1994. We
have jurisdiction under 28 U.S.C. § 1291. We review de novo, Ventura
Mobilehome Cmtys. Owners Ass’n v. City of San Buenaventura, 371 F.3d 1046,
1050 (9th Cir. 2004), and we affirm.
The district court properly concluded that Sousa’s action was barred by the
applicable four-year limitations period because Sousa filed it almost ten years after
learning that defendant had allegedly miscalculated his seniority date based on his
absence for military service. See 28 U.S.C. § 1658(a) (setting forth four-year
statute of limitation for civil actions arising under an Act of Congress enacted after
December 1, 1990); Chardon v. Fernandez, 454 U.S. 6, 8 (1981) (per curiam)
(claim accrues at “the time of the discriminatory act, not the point at which the
consequences of the act become painful.”).
We do not consider issues and arguments that Sousa raises for the first time
on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
Issues not expressly addressed in Sousa’s opening brief are deemed waived.
See id.
Sousa’s remaining contentions are unpersuasive.
AFFIRMED.
2 10-56752