Marlene June v. United States

550 F. App'x 505

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 24, 2013
• Docket: 11-17776
• Status: Unpublished

Opinion

MEMORANDUM ***

Plaintiff Marlene June, acting as conservator for A.K.B., (“June”) appeals the district court’s judgment in favor of the United States. We have jurisdiction pursuant to 28 U.S.C. § 1291 and reverse and remand. Because the parties are familiar with the factual and procedural history of the case, we will not recount it here.

After the district court entered judgment, an en banc panel of this Court held that 28 U.S.C. § 2401(b) of the Federal Tort Claims Act is not jurisdictional and that equitable adjustment of the limitations period in that section is not prohibited. Wong v. Beebe, 732 F.3d 1030 (9th Cir.2013) (en banc), overruling Marley v. United States, 567 F.3d 1030 (9th Cir. 2009). In light of Wong, we must reverse the district court’s contrary ruling and remand for further proceedings consistent with this disposition.

We need not, and do not, reach any other issue urged by the parties on appeal.

REVERSED AND REMANDED.

*** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.