Sofia Johnson v. United States

FILED

NOT FOR PUBLICATION

MAY 24 2024

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SOFIA JOHNSON, No. 23-55210

Plaintiff-Appellant, D.C. No. 5:21-cv-01878-JGB-KK v.

UNITED STATES OF AMERICA, MEMORANDUM*

Defendant-Appellee.

Appeal from the United States District Court for the Central District of California Jesus G. Bernal, District Judge, Presiding

Argued and Submitted May 17, 2024 Pasadena, California

Before: GOULD and N.R. SMITH, Circuit Judges, and HINDERAKER,** District Judge.

Sofia Johnson appeals the district court’s order dismissing her claims under

the Federal Tort Claims Act (FTCA) as time barred. We have jurisdiction under

28 U.S.C. § 1291, and we vacate and remand.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable John Charles Hinderaker, United States District Judge for the District of Arizona, sitting by designation. The FTCA’s statute of limitations provides that “[a] tort claim against the

United States shall be…