Samuel Von Croney v. Robert Eugene Smith United States of America

17 F.3d 398 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Samuel VON CRONEY, Plaintiff-Appellant, v. Robert Eugene SMITH; United States of America, Defendants-Appellees. No. 93-55500. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1994. * Decided March 1, 1994. Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Samuel Von Croney appeals pro se the district court's orders (1) dismissing his complaint against the United States pursuant to Fed.R.Civ.P. 12(b)(1) and remanding his action against Robert Eugene Smith to state court, and (2) denying Von Croney's motion for reconsideration. 1 We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 * Jurisdiction A. Timeliness of Notice of Appeal 4 The government contends that because Von Croney's notice of appeal was untimely, this court's jurisdiction is limited to review of the district court's March 15, 1993 order denying Von Croney's motion for reconsideration. We disagree. 5…