Nemetz

MEMORANDUM **

Plaintiff appeals (1) the dismissal of his Federal Tort Claims Act (“FTCA”) suit for lack of subject-matter jurisdiction and (2) the denial of leave to file a motion for *983 reconsideration of the dismissal. Reviewing the dismissal de novo, Erlin v. United States, 364 F.3d 1127, 1130 (9th Cir.2004), and the denial of leave for abuse of discretion, Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir.2009), we affirm.

Plaintiffs claim accrued no later than September 14, 2004. His counsel’s letter of that date demonstrated unequivocally that Plaintiff knew of “both his injury and its cause.” United States v. Kubrick, 444 U.S. 111, 120 , 100 S.Ct. 352 , 62 L.Ed.2d 259 (1979). He may have lacked conclusive evidence to prove his claim at that time, but his position was analogous to that of any plaintiff who knows of an injury, but lacks sufficient evidence that it was negligently inflicted. Kubrick instructs that the statute of limitations nevertheless begins to run for such a plaintiff. Id. at 124 , 100 S.Ct. 352 . Because Plaintiffs claim accrued by September 14, 2004, and he did not file an administrative claim until 2007, the two-year…