Lockhart

70 F.3d 1279 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lockhart, Plaintiff-Appellant, v. UNITED STATES of America, Donna Shalala, in her individual and official capacities as Secretary of the Department of Health and Human Services, and June Gibbs Brown, in her individual and official capacities as Inspector General of the Department of Health and Human Services, Defendants-Appellees. No. 95-35179. United States Court of Appeals, Ninth Circuit. Submitted Oct. 16, 1995. * Decided Nov. 29, 1995. Before: CHOY, SNEED, and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 James Lockhart appeals the district court's Order dismissing his complaint as frivolous pursuant to 28 U.S.C. Sec. 1915 (d). Lockhart contends that the district court erred in dismissing his complaint because: (1) the Federal Tort Claims Act ("FTCA") allows novel claims, and (2) the applicable statute of limitation period was tolled. We affirm. Factual and Procedural Background 3 Lockhart was employed by the…