United States Federal Circuit

Dismissal, for lack of jurisdiction due to untimely filing, of plaintiff's suit attacking a court-martial conviction is affirmed over claims that: 1) his invocation of military post-conviction proceedings either extended the limitations period at issue or created a new cause of action for which there was a new limitations period; and 2) he could invoke equitable tolling of the statute of limitations because of the government's concealment of an essential element of his challenge to the court-martial.

Appellate Information

• Decided 07/12/2006
• Published 07/12/2006

Judges

• FRIEDMAN, Senior Circuit Judge., Before MICHEL, Chief Judge, FRIEDMAN, Senior Circuit Judge, and GAJARSA, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Daniel S. Silverman, Heller Ehrman LLP, of San Diego, California, argued for plaintiff-appellant.


• For Appellees:
  
• Gerald M. Alexander, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and James M. Kinsella, Deputy Director.   Of counsel on the brief was Lieutenant Commander ArmandoA. Rodiguez-Feo, Office of the Navy Judge Advocate General, of Washington, DC.