United States First Circuit

In a suit under the Federal Tort Claims Act arising out of the death of an FBI informant, dismissal of the complaint is affirmed where: 1) plaintiffs did not file an appeal of a previously dismissed complaint, thus the court did not have jurisdiction over that decision; 2) the mailbox rule does not apply to letters notifying of an exhaustion of administrative remedies; and 3) plaintiffs did not file their appeal within six months after the mailing of the exhaustion letter for their administrative proceeding.

Appellate Information

• Decided 10/23/2007
• Published 10/23/2007

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• María H. Sandoval with whom Frank Inserni-Milam and Luis Mellado-González were on brief for appellants.


• For Appellees:
  
• Anthony A. Yang, Appellate Staff, Civil Division, Department of Justice, with whom Peter D. Keisler, Assistant Attorney General, Rosa E. Rodríguez-Vélez, United States Attorney, and Robert S. Greenspan, Appellate Staff, Civil Division, Department of Justice, were on brief for appellee.