Bessie Waltz v. USA, et al, No. 10-15713 (9th Cir. 2011)
Annotate this Case
Download PDF
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT FEB 23 2011 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS BESSIE IRENE WALTZ, Plaintiff - Appellant, No. 10-15713 D.C. No. 1:07-cv-01691-SMS v. MEMORANDUM* UNITED STATES OF AMERICA; et al., Defendants - Appellees. Appeal from the United States District Court for the Eastern District of California Sandra M. Snyder, Magistrate Judge, Presiding Submitted February 18, 2011** Pasadena, California Before: ALARCÃ N, RYMER, and BYBEE, Circuit Judges. Plaintiff-Appellant Bessie Waltz appeals from the district court s dismissal of her claim under the Federal Tort Claims Act for lack of subject matter jurisdiction. She argues that she is entitled to equitable tolling of the limitations * 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. ¶. 34(a)(2). period established in 28 U.S.C. § 2401(b). However, as Waltz admits, we have previously held that § 2401(b) establishes a jurisdictional limitation that is not subject to equitable tolling. See Marley v. United States, 567 F.3d 1030, 1038 (9th Cir. 2009) ( [W]e hold that the six-month statute of limitations in § 2401(b) is jurisdictional and that failure to file a claim within that time period deprives the federal courts of jurisdiction. Accordingly, the doctrines of equitable estoppel and equitable tolling do not apply. ). Contrary to Waltz s assertions, the Supreme Court s recent decision in Reed Elsevier, Inc. v. Muchnick, 130 S. Ct. 1237 (2010), did not overturn this decision, and Marley continues to control. AFFIRMED.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
