Frank H. Filice v. United States

This is a perfectly hopeless appeal, in which the appellant has appeared and argued pro se. No doubt appellant is smarting under a sense of grievance. From his layman’s point of view, he thinks this court should turn at once to the heart of his grievance and, brushing aside all technicalities, should procure justice for him. Our function is a much less exalted one, as any lawyer could have told appellant.

In 1951 Frank H. Filice, the present appellant, filed in the United States District Court for the Northern District of California a complaint against the United States under the Federal Tort Claims Act, based upon a claim of personal injuries negligently inflicted upon him by an employee of the United States. The result of this litigation was a judgment entered by the district court on June 12, 1952, determining that the plaintiff therein was entitled to recover from the United States the sum of $15,000 on account of such personal injuries. The docket shows that an appeal was originally undertaken by the government on July 30, 1952, but at any rate this appeal was dismissed upon stipulation on October 9, 1952. It does not appear that the plaintiff ever sought to…