United States Ninth Circuit
Vacek v. United States Postal Service, 04-15961
Dismissal, for lack of subject matter jurisdiction, of plaintiff's Federal Tort Claims Act claim arising from an accident with a postal service truck is affirmed over claims that: 1) the mailbox rule should apply to claims under the Act, 2) mail carriers are representatives and mailboxes are extensions of the postal service, such that depositing a letter with either one satisfies the presentment requirement, and 3) estoppel applies.
Appellate Information
- Argued 02/15/2006
- Decided 05/24/2006
- Published 05/24/2006
Judges
- WALLACE, Circuit Judge:, Before: WALLACE, HAWKINS, and THOMAS, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Harold J. Truett, III, San Francisco, CA, for Appellant Anton Vacek.
- For Appellees:
- Kevin V. Ryan, United States Attorney; Joann Swanson, Chief, Civil Division; Abraham A. Simmons, Assistant United States Attorney, San Francisco, CA, for Appellee United States of America.