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Sinkfield v. Pope

United States District Court, E.D. Missouri, E.D
Dec 15, 1983
578 F. Supp. 1500 (E.D. Mo. 1983)

Summary

dismissing case after plaintiff missed FTCA statute of limitations by two days

Summary of this case from Stokes v. U.S. Postal Service

Opinion

No. 83-2246C(1).

December 15, 1983.

E. Thomas Clarkin, Gray, Stewart Clarkin, Clayton, Mo., for plaintiff.

Joseph B. Moore, Asst. U.S. Atty., St. Louis, Mo., for defendant.


ORDER AND MEMORANDUM


IT IS HEREBY ORDERED that defendant's motion to dismiss be and is granted and plaintiff's complaint be and is dismissed. This is an action for damages arising out of an automobile accident between plaintiff's automobile and defendant's U.S. Postal Service truck. Plaintiff's administrative claim was denied by certified mail dated February 3, 1983. This letter informed plaintiff that he could file a court action within six (6) months from the date of the letter. See 28 U.S.C. § 2401(b). Plaintiff filed the instant action in state court on August 5, 1983, which was a Friday. It was subsequently removed to this Court pursuant to 28 U.S.C. § 2679(b), (d), 1442(a)(1), because defendant was acting within the scope of his employment with the United States Postal Service as a truck driver when the accident occurred. Therefore, the action is "deemed . . . brought against the United States." 28 U.S.C. § 2679(d). The six-month period in 28 U.S.C. § 2401(b) is jurisdictional as it is a condition to defendant's waiver of sovereign immunity. Here, the complaint was filed two (2) days late and therefore must be dismissed. Yedwab v. United States, 489 F. Supp. 717 (D.N.J. 1980).


Summaries of

Sinkfield v. Pope

United States District Court, E.D. Missouri, E.D
Dec 15, 1983
578 F. Supp. 1500 (E.D. Mo. 1983)

dismissing case after plaintiff missed FTCA statute of limitations by two days

Summary of this case from Stokes v. U.S. Postal Service
Case details for

Sinkfield v. Pope

Case Details

Full title:George SINKFIELD, Plaintiff, v. Charles E. POPE, Defendant

Court:United States District Court, E.D. Missouri, E.D

Date published: Dec 15, 1983

Citations

578 F. Supp. 1500 (E.D. Mo. 1983)

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