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[NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit No. 98-2208 RAMON TORRES-GONZALEZ, Plaintiff, Appellant, v. UNITED STATES, Defendant, Appellee. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Carmen Consuelo Cerezo, U.S. District Judge] Before Boudin, Circuit Judge, Campbell, Senior Circuit Judge, and Stahl, Circuit Judge. Ramon Torres-Gonzalez on brief pro se. Guillermo Gil, United States Attorney, Miguel A. Fernandez, Assistant United States Attorney, and Jose Javier Santos Mimoso, Assistant United States Attorney, on brief for appellee. June 28, 1999 Per Curiam. The district court, adopting the recommendation of the magistrate-judge, dismissed this Bivens action on the ground that it was barred by the applicable statute of limitations. On appeal, plaintiff attempts to revise his equitable-tolling argument--contending that he did not learn of the alleged improprieties surrounding his removal from Venezuela until February 1998 (rather than August 1996, as he alleged below). This argument, having been advanced for the first time on appeal, has been waived. See, e.g., Malave v. Carney Hosp.,
170 F.3d 217, 222 (1st Cir. 1999). It would fail in any event, particularly given that plaintiff voiced similar factual allegations as far back as November 1995 in connection with his request for habeas relief. For these reasons, as well as those enumerated below, the judgment is summarily affirmed. Defendants, noting that service of process was never effected below, suggest that this court's jurisdiction is therefore lacking. This argument overlooks the fact that the complaint here was screened, and the sua sponte dismissal entered, pursuant to 28 U.S.C. 1915A. This provision "does not require that process be served." Carr v. Dvorin,
171 F.3d 115, 116 (2d Cir. 1999) (per curiam). Appellate jurisdiction is thus unaffected by the lack of service. The motions to strike are denied, the motion to clarify is allowed, and the judgment is summarily affirmed. See Loc. R. 27.1.
Document Info
Docket Number: 98-2208
Filed Date: 6/30/1999
Precedential Status: Non-Precedential
Modified Date: 4/17/2021