Federico Estrada-Escalante v. United States

967 F.2d 585 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Federico ESTRADA-ESCALANTE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 91-15521. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 14, 1992. Decided June 30, 1992. Before HUG, SKOPIL and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Federico Estrada-Escalante appeals the district court's dismissal of his action under the Federal Tort Claims Act for failure properly to serve the United States under Fed.R.Civ.P. 4(d)(4). The complaint was filed February 9, 1990. Both the United States and Scott R. Eshelman, a government employee whom the complaint alleged was acting within the scope of his employment, were named as defendants. Eshelman was personally served, as was the United States Attorney, but no service was effected on the Attorney General within the 120-day period allowed by Rule 4(j). 3 On March 22, 1990, the United States Attorney for the District of Arizona…