Marley

We must decide whether the statute of limitations in § 2401(b) of the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2401 (b), is jurisdictional and, in turn, whether courts can employ the doctrines of equitable estoppel or equitable tolling to extend the limitations period. We hold that the statute of limitations in 28 U.S.C. § 2401 (b) is jurisdictional and, consequently,' that equitable doctrines that otherwise could excuse a claimant’s untimely filing do not apply. Accordingly, we affirm the district court’s judgment, which dismissed this action.

FACTUAL AND PROCEDURAL HISTORY

Plaintiff Michael Burnell Marley received treatment for prostate cancer at the Puget Sound Healthcare System Hospital. He alleges that he experienced complications resulting in physical injury. In February 2004, he filed an administrative tort claim with the Department of Veterans Affairs.

On October 22, 2004, the Department of Veterans Affairs sent Plaintiff a notice of final denial of his tort claim. The letter, addressed to Plaintiffs lawyer at the time, stated that Plaintiff could file suit against the United States under the FTCA. The notice informed Plaintiffs lawyer that any action “must be…