Patrick H. Zanzucchi v. United States

990 F.2d 1266 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Patrick H. ZANZUCCHI, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 92-15017. United States Court of Appeals, Ninth Circuit. Submitted March 15, 1993. * Decided March 19, 1993. Before CHOY, GOODWIN and BEEZER, Circuit Judges. MEMORANDUM ** Patrick Henry Zanzucchi appeals a judgment dismissing his action filed under 28 U.S.C. § 2674 (the Federal Tort Claims Act). His complaint alleged that the government had wrongfully prosecuted him when he was convicted in 1986 of several counts of an indictment charging conspiracy, possession, and related drug offenses, including a count of operating a continuing criminal enterprise. The district court dismissed the action as untimely, and, added as an alternative ground for dismissal, Fed.R.Civ.P. 12(b)(6), because the federal prosecutor was protected by immunity for the conduct of the prosecution. We affirm the judgment. The action was time…