Gregory R. Sousa v. Contract Services Administration Trust Fund, a business of unknown form

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GREGORY R. SOUSA,
Plaintiff - Appellant,
v.
CONTRACT SERVICES
ADMINISTRATION TRUST FUND, a
business of unknown form,
Defendant - Appellee.
No. 10-56752
D.C. No. 2:10-cv-05116-RGK-
AGR
MEMORANDUM*
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
FILED
MAR 06 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-56752 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.

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