Gale Rae Shirley v. United States

993 F.2d 884 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gale Rae SHIRLEY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 91-56408. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 8, 1993. Decided May 14, 1993. Before FARRIS, NORRIS and REINHARDT, Circuit Judges. 1 MEMORANDUM * OVERVIEW 2 Gale Rae Shirley appeals from the district court's order dismissing as time barred her wrongful death and medical malpractice action against the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346 (b). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm. DISCUSSION 3 Section 2401(b) of the Federal Tort Claims Act requires that a plaintiff file an administrative claim with the appropriate federal agency "within two years after such claim accrues." 28 U.S.C. § 2401 (b). A claim accrues within the meaning of § 2401(b) when the plaintiff knows, or in the exercise of reasonable diligence should…