Jerome Jude McGuckin v. United States

McGuckin appeals an order denying rehearing after the district court dismissed his Federal Tort Claims action for failure to name the United States as a defendant and failure to serve the United States Attorney and Attorney General within the six-month statute of limitations. We reverse.

On June 14, 1988, the Bureau of Prisons informed McGuckin by certified mail that it denied his claim for injuries he sustained in a fall at the Federal Correctional Institute in Tucson, Arizona. McGuckin filed a complaint on August 30,1988, naming the United States Department of Justice, Bureau of Prisons, and Bureau employees as defendants. He served the United States Attorney on September 9, 1988.

On September 21, 1988, McGuckin amended the complaint to delete Doe defendants. The amended complaint was served on the United States Attorney on October 14, 1988.

On January 17, 1989, McGuckin filed a second amended complaint naming the United States as the sole defendant. He served this complaint on the United States Attorney for the District of Arizona on January 20, 1989, the United States Attorney in Washington, D.C., on January 30, 1989, and the United States Attorney General on February 6,…