Roberta Hammond, Plaintiff-appellant, v. Louis W. Sullivan, Secretary of Health and Human Services,defendant-appellee, 931 F.2d 886 (4th Cir. 1991)

Roberta Hammond appeals from the district court's order dismissing her civil action against the Secretary for failure to comply with the applicable statute of limitations. We affirm.

Hammond had until September 20, 1989, to file a complaint in federal district court. Her counsel contends that she traveled to the courthouse on that date to file the petition but was unable to do so because she lacked sufficient funds to pay the required filing fee. She further contends that car problems prevented her from subsequently filing the petition before October 3, 1989.

We agree with the district court's conclusion that the circumstances of this case do not warrant application of the doctrine of equitable tolling. The original period for filing a complaint ended in May 1989, but the Appeals Council granted Hammond a 60-day extension in July, resulting in the September 20 deadline. Particularly in view of this extension, counsel should have learned that she would have to pay a filing fee before coming to the courthouse. We also agree with the district court that counsel's car problems were irrelevant since they occurred after September 20.

Other courts have found attorney neglect to provide an insufficient basis for tolling a statute of limitations. See Ladson v. New York City Police Dep't, 614 F. Supp. 878 (S.D.N.Y. 1985); An-Ti Chai v. Michigan Technological Univ., 493 F. Supp. 1137 (W.D. Mich. 1980). Further, we note that Hammond has not alleged any misconduct by the government leading to a violation of her rights. See Bowen v. City of New York, 476 U.S. 467 (1986); see also Pittston Coal Group v. Sebben, 488 U.S. 105 (1988).

Accordingly, we affirm. We dispense with oral argument because the facts and legal contentions are adequately presented and argument would not aid the decisional process.

AFFIRMED.