Hall v. Air Force

• Court: Court of Appeals for the First Circuit
• Decided: August 18, 2003
• Docket: 02-2090
• Status: Published

Opinion

Not For Publication in West's Federal Reporter Citation Limited Pursuant to 1st Cir. Loc. R. 32.3

United States Court of Appeals For the First Circuit

No. 02-2090

LOIS R. HALL, ET AL.,

Plaintiffs, Appellants,

v.

HANSCOM AIR FORCE BASE, ET AL.,

Defendants, Appellees.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. George A. O'Toole, Jr., U.S. District Judge]

Before

Boudin, Chief Judge, Lynch and Howard, Circuit Judges.

Lois R. Hall on brief pro se. Gina Y. Walcott-Torres, Assistant United States Attorney, and Michael J. Sullivan, United States Attorney, on brief for appellees.

August 18, 2003 Per Curiam. After a thorough review of the record and of

the parties' submissions, we allow the appellees' motion for

summary disposition. We affirm the lower court's dismissal on the

ground that plaintiffs/appellants failed to satisfy the

jurisdictional requirement that they first submit their claim to

the appropriate agency in writing. See 28 U.S.C. § 2401(b);

Gonzalez v. United States, 284 F.3d 281, 288 (1st Cir. 2002)

("Pursuant to the FTCA, a tort claim against the United States is

'forever barred' unless it is presented in writing to the

appropriate federal agency within two years after the claim

accrues.") (quoting 28 U.S.C. § 2401(b)).

Affirmed. See 1st Cir. Loc. R. 27(c).

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