Julia J. Garlington, by Kathryn Von Zumwalt-Tisch, Guardian Ad Litem v. United States

892 F.2d 82 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Julia J. GARLINGTON, by Kathryn Von Zumwalt-Tisch, Guardian Ad Litem, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 87-6586. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug 11, 1989. Decided Dec. 28, 1989. Before BROWNING, FARRIS and CANBY, Circuit Judges. 1 MEMORANDUM * 2 Garlington appeals the dismissal of her complaint for failure to serve timely process on the United States. Fed.R.Civ.P. 4(j). Garlington's attorney employed his regular process-serving firm, which improperly served the Veterans Hospital instead of serving the United States Attorney as required by Fed.R.Civ.P. 4(d)(4). The improper service was effected at 4:29 p.m. on March 24, 1987, three days before the extended deadline established by the district court. The return of service indicated that service had been made upon an employee of the Veterans Hospital. Garlington's counsel either did not…