Maritza Gallardo v. United States

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARITZA GALLARDO, No. 12-55255 Plaintiff-Appellant, D.C. No. v. 2:11-cv-05013-

JFW-PJW

UNITED STATES OF AMERICA,

Defendant-Appellee. ORDER AND

AMENDED

OPINION

Appeal from the United States District Court for the Central District of California John F. Walter, District Judge, Presiding

Argued and Submitted January 8, 2014—Pasadena, California

Filed April 15, 2014 Amended June 3, 2014

Before: William A. Fletcher, Milan D. Smith, Jr., and Paul J. Watford, Circuit Judges.

Opinion by Judge W. Fletcher SUMMARY*

Federal Tort Claims Act

The panel filed an order amending its opinion, and an amended opinion affirming in part and vacating in part the district court’s dismissal, as time-barred, of Maritza Gallardo’s Federal Tort Claims Act action brought against the United States.

The Federal Tort Claims Act’s statute of limitations is two years unless tolled. Maritza Gallardo did not file an administrative claim for negligence against the U.S. Marine Corps until four years after an alleged sexual assault. While the appeal was…