No. 87-2226

860 F.2d 338 Paul R. BERTI, Plaintiff-Appellant, v. V.A. HOSPITAL, and Does 1 through 10, inclusive, Defendant-Appellee. No. 87-2226. United States Court of Appeals, Ninth Circuit. Submitted Oct. 6, 1988. * Decided Oct. 26, 1988. Gary E. Gamel, San Jose, Cal., for plaintiff-appellant. Stephen L. Meagher, Asst. U.S. Atty., San Francisco, Cal., for defendant-appellee. Appeal from the United States District Court for the Northern District of California. Before CHOY, SNEED and CANBY, Circuit Judges. CHOY, Circuit Judge: 1 Paul R. Berti ("Berti") appeals from the district court's order dismissing his action under the Federal Tort Claims Act ("FTCA") for alleged negligent medical treatment he received at a Veterans Administration ("V.A.") hospital. The district court dismissed the action for lack of subject matter jurisdiction because the complaint was untimely filed. We affirm. BACKGROUND 2 In October 1982, Berti, a 70 year old veteran, was admitted into the V.A. Palo Alto hospital because of complaints of lower limb weakness. Berti subsequently underwent an angiogram procedure which he claims was negligently performed, causing him to suffer a stroke and resulting in his confinement to…